However, regulatory standards and guidelines in air and water exist for the key individual polycyclic aromatic hydrocarbons and phenols --the major chemicals that cause harmful health effects--contained in creosote.

The Environmental Protection Agency (EPA) has declared creosote a restricted use pesticide, which means that it can only be bought and used by certified applicators and only for those uses covered by the applicator's certification. The EPA has concluded that any release of creosote to the environment in excess of one pound should be reported.

The federal government has developed regulatory standards and guidelines to protect workers from the potential health effects of other coal tar products in the air. The Occupational Safety and Health Administration (OSHA) has set a legally enforceable limit or permissible exposure limit (PEL) of 0.2 milligrams of coal tar pitch volatiles per cubic meter of workroom air (mg/m3) so that workers are protected from overexposure of coal tar pitch volatiles during an 8-hour shift/40-hour workweek.

However, a lower maximum limit of 0.1 milligrams of coal tar pitch volatiles per cubic meter of workroom air is recommended by the National Institute for Occupational Safety and Health (NIOSH).

Creosote Dangers and FELA

Unfortunately, railroad workers, primarily maintenance of way employees, are exposed to high concentrations of creosote on a daily basis. They are, therefore, at a higher risk for diseases tied to creosote exposure. The risks arise when workers breathe in vapors, or have direct skin contact with creosote solutions or freshly treated wood.

The Agency for Toxic Substance and Disease Registry in its October 2002 report stated that "workers who work with creosote-treated wood in building fences, bridges, or railroad tracks or installing telephone poles may face exposure. Those who inspect or maintain these materials ... also risk exposure to creosote."

Creosote represents a serious health risk to railroaders because they continue to be exposed to creosote products as a condition of their employment. A specialized claim under the Federal Employers' Liability Act (FELA) may exist for employees of common carriers, particularly employees of railroads, which still use creosote-treated lumber for railroad spikes. Under FELA, an employee of a railroad can bring a suit against the railroad for injuries resulting from working conditions, hazards, and negligence on the railroad's part.