Railroad Settlements and Asbestos
In 1862, Congress passed The Pacific Railroad Act. This act aids in the financing of two transcontinental railway companies by granting large grants to rights-of-way. Railroad workers who contract cancer because of exposures at work can sue employers under the Federal Employers' Liability Act (FELA).
An Illinois jury handed down a $7.5 million verdict to a former Union Pacific trackman dying from acute myeloid leukemia. The man blamed his blood cancer on exposure to creosote the chemical benzene, and other chemicals used to preserve wooden railroad ties.
Creosote
Coal tar creosote is an organic wood preservative used to shield railroad ties from sun, heat, cold, rain and snow. When applying coal tar creosote workers are exposed to a range of toxic chemicals as well as solvents like benzene. Benzene is a well-known carcinogen, can cause leukemia and non-Hodgkin's lymphoma, as in other serious side effects such as heartbeat fluctuations, convulsions, liver damage, anemia and cancers of the lungs and the body.
Our attorneys have successfully prosecuted several lawsuits against the Union Pacific Railroad involving coal-tar creosote exposure. One of these cases culminated in the amount of $7.500,000 verdict. The plaintiff was a track department worker who developed acute myeloid leukemia as a result of exposure to the toxic chemical compound on his job over 31 years. The jury found that railroad did not provide him with personal protective gear, and exposed him of toxic chemicals including coal-tar-tar creosote and coal distillates.
Another instance involved the use of copper naphthenate an alternative to coal tar creosote. Although copper naphthenate is less hazardous to the environment than creosote, it could still be extremely dangerous. Copper naphthenate has been identified as a carcinogen and can cause nerve, skin and lung damage. It also has the potential to contaminate groundwater and soil with benzene.
Benzene
Benzene is a colorless, liquid petroleum hydrocarbon used in the production of resins, plastics and synthetic fibers. It is also found in diesel fuel and exhaust. The majority of railroad workers are exposed to diesel fumes on a regular basis. Benzene is a known carcinogen is linked to leukemia and myelodysplastic disorder (MDS).
There is no safe exposure level to benzene. It is absorbed through the skin and inhaled. Long-term exposure to it can damage the blood and cause different health issues, including menstrual irregularities, anemia and fertility problems. The chemical is also linked to certain types of cancers, such as breast and lung cancer.
Inhaling benzene is among the most hazardous. Inhaling benzene can lead to dizziness, headaches nose bleeds, headaches, and loss of consciousness. It can also disrupt the immune system, which may cause infections.
Recent reports have revealed the elevated levels benzene near two Chicago train stations. Commuters as well as railroad workers and city residents were exposed to high levels of pollution. Schools closed classes and cities urged residents to shelter in place. Railroad workers, which includes car department employees, locomotive machinists electricians and pipefitters, regularly use benzene-containing products like Safety-Kleen parts washers and CRC Brakleen as well as thinners and paints. Benzene can also be found in printing solvents.
Asbestos
The use of asbestos in the railroad industry started in the middle of the century. Asbestos is made up of six silicate minerals naturally occurring with fibrous structure. They were previously used in construction because of their fire retardant, corrosion resistant and insulate characteristics. Inhaling these fibers can lead to serious health issues like lung cancer and asbestosis. The symptoms of these diseases can take anywhere from 15 to 30 years to manifest.
The EPA has been able to ban asbestos mining and processing in the United States However, asbestos is still found in a wide range of products. This includes certain types of paper, floor felt, and fake fire embers. When these materials are exposed either to heat or water, they can release asbestos fibers. These fibers can also enter the air when buildings are demolished or when homes are remodeled.
A recent study found that just five years of exposure to benzene can significantly increase a person's risk for developing acute myeloid leukemia (AML). If you're experiencing symptoms such as night sweats, a mysterious loss of weight and suppression or lack of appetite, consult your physician immediately. They can conduct an examination of your blood to look for AML.
The EPA recently settled a case against Genesee & Wyoming Railroad Services Inc. (GWRSI). GWRSI employs locomotives that operate on diesel fuel and emit nitrogen oxides (NOx) and fine particulate matter (PM2.5). This EPA settlement mandates that GWRSI replace any of its locomotives with more modern models that meet EPA emissions standards.
Diesel Exhaust
As long diesel fuel continues to be used to power freight trains railroad workers are exposed exhaust. Diesel exhaust is a toxic mixture of chemicals, which includes carcinogens such as benzene and carbon monoxide. It also contains oxides of nitrogen as well as particulate matter and polyaromatic hydrocarbons.
The International Agency for Research on Cancer has classified diesel exhaust as a Group 1 carcinogen. Diesel exhaust can also trigger respiratory diseases like chronic obstructive lung disease (COPD) or bronchiectasis. lung cancer lawsuit settlements published in Environmental Health Perspectives in 2006 related the employment of railroad workers to COPD rates.
Locomotive and rail cars belch diesel exhaust when they are running and idle in depots, roundhouses, yards and shops. The machines and engines that are idle emit gasses in addition to the diesel fumes. These include sulfur dioxide and nitrogen oxides.
Diesel exhaust fumes are usually similar to those in locomotive cabs where conductors and engineers work up to six hours per day. When workers enter and exit the cabins, the engines and equipment emit more diesel exhaust fumes, creating a hazard for lung cancer and railway cancer.
Moreover, railroad mechanics are heavily exposed to diesel exhausts in poorly ventilated roundhouses and shops. They work with moving locomotives and track equipment in closed areas that often produce harmful inhalants, like asbestos-insulated steam pipes and boilers and silica sand.