Kim Gale  |  July 6, 2019

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Overview of Creosote

The preservative creosote is created by the distilling tar from wood or coal. Creosote has been used as a wood preservative since the mid-1800s when it became popularly used to preserve the integrity of wooden railroad ties.

Despite having the same name, creosote is not derived from a creosote bush. The plant actually was named after the toxic mixture because the shrub emits an odor very similar to the toxin.

Reasons Creosote Became Popular

Back when the railroads were under construction, the wooden railroad ties needed something to help protect them from termites, fungi, weather extremes and anything else that could lead to rotting of the wood. Creosote protects wood against most of these organisms and elements, which is why it became the choice to preserve wooden railroad ties and wooden electric and telephone poles, all of which are exposed to the outdoors.

Today, the U.S. Environmental Protection Agency (EPA) restricts the use of creosote by providing federal certification standards for pesticide applicators. When creosote is applied to wood products in the U.S., the application must be done by a pressure process within a facility overseen by a licensed applicator.

When used as a pesticide, creosote is considered a restricted-use pesticide (RUP) that’s only available to licensed pesticide applicators.

Creosote Dangers

According to the Virginia Department of Health, both the EPA and the International Agency for Research on Cancer (IARC), a division of the World Health Organization, deems creosote a probable human carcinogen.

Chimney sweeps who incur long-term exposure to creosote from cleaning chimneys have seen an increased risk of cancer of the scrotum. The increased risk appears related to how long the skin is exposed to soot and coal tar creosote, a byproduct of burning many types of wood in a fireplace.

Anyone who has worked on a railroad has been exposed to a variety of toxic and potentially carcinogenic materials. According to the Railway Tie Association, more than 93 percent of railroad ties installed in North America consist of wood.

About 46 hardwood treatment facilities operate in North America, where creosote is most commonly used to treat the wood.  With woods that are particularly dense and hard to treat, the facility may use a dual treatment process that includes the use of borates.

The U.S. and Canada replace about three percent of the crossties in North America each year. The average creosote-treated railroad tie lasts between 33 and 42 years.

Protection by Federal Employers Liability Act

The Federal Employers Liability Act (FELA) is a federal law that states companies are responsible for providing a safe working environment for all workers. Failure to provide protection of potential hazards may be a violation of FELA.

In addition to creosote, railroad workers often are exposed to other potentially carcinogenic materials. Years of exposure to benzene, borates and other chemical compounds may place railroad workers at risk of cancer and pre-cancerous ailments.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.