Railroad Settlements and Asbestos
In 1862, Congress passed the Pacific Railroad Act, which helped to fund two transcontinental railroads by giving large grants of land for rights-of-way. Railroad workers who contract cancer because of exposure to their workplaces are able to sue their employers under the Federal Employers Liability Act (FELA).
A jury in Illinois gave $7.5 million to a former Union Pacific Trackman who died of acute myeloid Leukemia. The man blamed his blood cancer on exposure to creosote, compounds like benzene and others used to protect wooden railroad ties.
Creosote
Coal tar creosote is a wood preserver used to protect railroad ties from sun, heat, cold, rain and snow. Workers are exposed solvents and chemicals, including benzene during the application of coal creosote tar. Benzene, a known carcinogen is a known carcinogen that can cause leukemia and non-Hodgkin lymphoma, as well as other serious effects like heartbeat fluctuations, convulsions, liver damage, anemia and cancers of the lungs and body.
Our lawyers have successfully prosecuted several lawsuits against the Union Pacific Railroad involving coal-tar creosote exposure. One of these cases culminated with an $7.500,000 verdict. The plaintiff, a track department worker was diagnosed with acute myeloid cancer due to exposure to harmful chemical compounds on the job for over 31 years. The jury determined that the railroad did not provide him with personal protective equipment, and exposed him of toxic chemicals such as coal-tar tar creosote, as well as coal distillates.
Another argument was the use of copper naphthalenate as a replacement for creosote from coal tar. While copper naphthenate isn't as environmentally harmful than creosote is, it can still be extremely dangerous. Copper naphthenate can cause cancer and can cause skin, nerve and lung damage. It also can contaminate soil and groundwater with benzene.
Benzene
A colorless liquid petroleum hydrocarbon benzene is used in manufacture of plastics, resins nylon, synthetic fibers and other. It is also found in diesel fuels and exhaust. Diesel fumes are frequently inhaled by nearly all railroad workers. Benzene is a known carcinogen, and has been linked to leukemia as well as myelodysplastic syndrome (MDS).
There is no safe level of exposure to benzene. It can be inhaled or absorbed through the surface of the skin. Long-term exposure to benzene may damage the blood, causing irregular menstrual cycles, anemia, and fertility issues. It has also been linked to certain types of cancer which include lung and breast cancer.
Inhaling benzene inhalation is the most dangerous. Inhaling benzene may cause dizziness, headaches or nosebleeds. It can also disrupt the immune system, which could result in infections.
A recent report revealed the increased levels of benzene in the air around two Chicago train stations. Commuters and railroad workers were exposed pollutant levels, which caused schools to shut down classes and cities to require residents to take shelter in their homes. Railroad workers, such as car department employees as well as locomotive mechanics, electricians and pipefitters utilize benzene containing products like Safety-Kleen part washers and CRC Brakleen and paints thinners, paints and other items. Also, benzene is found in printing solvents.
Asbestos
The asbestos usage in the railroad industry was discovered in the early days. Asbestos is composed of six silicate minerals naturally occurring with a fibrous structure. They were once used in the construction industry due to their an anti-corrosion, fire retardant and insulate properties. Inhaling these microscopic fibers can cause serious health problems such as lung cancer, asbestosis and mesothelioma. The signs of these health conditions may take between 15 and 30 years to appear.
The EPA has banned asbestos mining and processing in the US however, it is still present in a number of products. This includes certain types of flooring felt, paper and fake fire embers. However, if these materials are exposed to heat or water, they may release toxic asbestos fibers. These fibers may also get into the air when buildings are destroyed or when homes are being renovated.
A recent study showed that even a five-year exposure to benzene significantly increases a person's risk for developing acute myeloid leukemia (AML). If you are suffering from symptoms like night sweats, unexplained weight loss and suppression or a lack of appetite, consult your physician immediately. They can conduct a blood test to look for AML.
csx lawsuit settlements settled a recent case against Genesee & Wyoming Railroad Services Inc. GWRSI operates locomotives which emit nitrogen oxides as well as fine particulates (PM2.5) when they run on diesel fuel. This EPA settlement mandates that GWRSI replace any of its locomotives with more modern models that are compliant with EPA emissions standards.
Diesel Exhaust
As long as diesel fuel is used to power railroad workers, they will continue to be exposed exhaust. Diesel exhaust is a toxic mixture of chemicals, which includes carcinogens like benzene as well as carbon monoxide. It also includes particulate matter, polyaromatic hydrocarbons, and nitrogen oxides.
The International Agency for Research on Cancer has classified diesel exhaust as Group 1 carcinogen. Furthermore, diesel exhaust is a source of respiratory illness in the form of bronchiopulmonary illnesses such as chronic obstructive respiratory disease (COPD) and bronchiectasis. A 2006 study published in the journal Environmental Health Perspectives linked railroad worker's employment with COPD rates.
When locomotives and railcars are running and idle, they emit diesel exhaust. The engines that are idling emit gases, like sulfur dioxide and nitrogen oxidants in addition to diesel fumes.
Diesel exhaust fumes are often similar to those in locomotive cabs where engineers and conductors spend up to six hours per day. The engine and equipment emit more exhaust fumes from diesel engines when people enter or leave the cabs. This can cause pulmonary and cancerous ailments.
In poorly ventilated roundhouses, shops and workshops railroad mechanics have to contend with an extreme risk of exposure to diesel exhaust. They work in enclosed spaces equipped with track equipment, locomotives and asbestos-insulated steam boilers.