What Is Benzene?

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Benzene Overview

Benzene is a petrochemical, derived from crude oil. It can also be found in a natural state as the result of volcanic activity and forest fires.

A benzene molecule consists of six carbon atoms and six hydrogen atoms. The substance was known to medieval alchemists in the 1400s as a type of resin. Benzene in its pure form was not extracted until the mid-19th Century, however, and its true nature was not determined until 1929.

Before its toxic properties were fully understood, benzene was often used in the manufacture of cologne and as an industrial solvent and degreaser, and even as a method of removing caffeine from coffee. Today, benzene used primarily in the manufacture of motor fuels and many types of plastics; trace amounts are used in making rubber, dyes and detergents, synthetic fabrics and explosives.

Railroad workers often come into contact with benzene from diesel fumes and solvents used in the maintenance of locomotives and rolling stock.

Impact on Human Health

In 1991, research on benzene published in the British Journal of Industrial Medicine found that benzene exposure can lead to aplastic anemia, leukemia and multiple myeloma, a cancer that attacks white blood cells. Other risks include cancer of the lung, throat and esophagus, bladder, kidney and colon.

Based on studies of benzene toxicity and the effects of exposure on human health, the Occupational Safety and Health Administration (OSHA) has established a maximum exposure level of one part per million (ppm) over the course of an 8-hour workday, five days a week.  The short-term exposure limit has been determined to be 5 ppm for no more than 15 minutes.

According to the National Institute for Occupational Safety and Health (NIOSH), the IDHL (Immediately Dangerous to Human Life) concentration of benzene is 500 ppm.  NIOSH recommends that workers use special respirators when in a situation in which benzene exposure is likely.

Many railroad workers do not use respirators, and are unaware of the link between benzene and cancer.

The Legal Issues

Although benzene is no longer commonly used directly in most industries, it can still be found in and around railroad equipment, particularly older machinery. Toxic exposure to benzene, asbestos and other industrial substances is covered under the Federal Employers Liability Act (FELA).  This law, enacted in 1908, was specifically created to provide protections and compensation for railroad workers at a time when serious, disabling injuries were quite common and railroad companies were unlikely to be held accountable when they were found to be responsible.

Today, FELA also covers occupational diseases that are caused by repeated, ongoing contact with benzene and other toxic chemicals.

FELA is different from state Workers Compensation programs in that compensation is based on the principle of comparative negligence. This means that the railroad itself may only be partially liable for the worker’s injury or illness if it can be shown that the employee was partially at fault (i.e., neglected to take all reasonable precautions). For example, the company might be found 75 percent liable for providing faulty equipment, but if the worker failed to inspect the equipment before using it, s/he would be 25 percent liable – so the claimant might receive $75,000 of a $100,000 claim.

This is why it is wise to have the services of an experienced attorney when filing a FELA claim.