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Creosote and Creosote-Treated Wood Quick Facts

Relevant or Related Legislation: Directive 94/60/EC, which places restrictions on the composition of creosote and on the marketing and use of creosote and creosote-treated wood; Statutory Instrument S.I. 2003/721, which is now revoked by the Creosote (Prohibition on Use and Marketing) (No.2) Regulations 2003 to make clearer the requirements regarding the supply of creosote for professional use and the restrictions on the use of treated wood.

Current Position:

The Creosote (Prohibition on Use and Marketing) (No.2) Regulations 2003, implementing Directive 2001/90/EC on marketing and use of creosote, came into force on 30 June 2003.

Key Facts:

The Marketing and Use Directive, 76/769/EEC, restricts or prohibits the use and the placing on the market of certain chemicals in order to protect the environment, workers, consumers and public health. The Directive lists some 750 plus chemicals capable of inducing cancer; heredity genetic effects or having an adverse impact on fertility, and is regularly updated by the European Commission to add new ones of concern.

The information relating to the frequently asked questions below is not an authoritative interpretation of the Regulations implementing Directive 76/769/EEC, which is a matter for the courts; neither is it intended to cover all the details. Reference should be made to the Regulations themselves for a full statement of the requirements.

Frequently Asked Questions (FAQs)

Q1. Creosote is a well tried and tested popular brand; I have been using it for years to paint my garden fence and furniture, why has it suddenly become a case for concern?
Q2. Are there alternatives that I could use?
Q3. I am a member of a railway restoration association, which makes use of railway sleepers, is it now the case that we will no longer be able to use creosote-treated railway sleepers?
Q4. Will I be able to purchase and use old railway sleepers?
Q5. My raised garden bed consists of creosote-treated railway sleepers.  Should I be digging these up?
Q6. What is meant by frequent skin contact?
Q7. What shall I do with the couple of tins or so of creosote I have stashed away in my garden shed? Can I pour them down the drain?

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Q1. Creosote is a well tried and tested popular brand; I have been using it for years to paint my garden fence and furniture, why has it suddenly become a case for concern?

Recent studies by the Fraunhofer Institute of Toxicity and Aerosol Research (Hanover, Germany) found that creosote had a greater potential to cause cancer than had been previously thought.

The study was referred to the European Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE), an advisory body to the European Commission, who concluded that there is a cancer risk to consumers from creosote. The Committee considered that the magnitude of this risk gave clear reasons for concern.

In the light of those concerns, Directive 2001/90/EC was adopted by the European Council on 26 October 2001 and must be implemented by all Member States. The legislation came into force in the UK on 30 June 2003.

Q2. Are there alternatives that I could use?

The main use of creosote is as a wood preservative. There is a range of other products on the market with varying colour, which can perform a similar function.

Q3. I am a member of a railway restoration association, which makes use of railway sleepers, is it now the case that we will no longer be able to use creosote- treated railway sleepers?

No, it is not the case that you will not be able to use creosote-treated railway sleepers. Old railway sleepers treated with creosote prior to the 30 June 2003 can still be used for railway restoration purposes. They can also be placed on the market for second-hand re-use, but only for the purposes outlined in the Regulations. You will also be able to buy new railway sleepers for use on a railway.

After the 30 June 2003, creosote can be sold and used in industrial installations and by professionals providing that the creosote complies with the new compositional requirements and the restrictions on the uses of wood so treated. Examples of permitted use include telegraph poles, railway sleepers, fencing and certain agricultural purposes.

Q4. Will I be able to purchase and use old railway sleepers?

Yes. But only for the purposes outlined in the regulations. Old railway sleepers treated with creosote can be used in parks, gardens, and outdoor recreational and leisure facilities but only if there is no risk of frequent skin contact. However, old railway sleepers treated with creosote must not be used inside buildings, whatever their purposes; in toys; in playgrounds and for garden furniture such as picnic tables.

Q5. My raised garden bed consists of creosote-treated railway sleepers.  Should I be digging these up?

No. Wood treated with creosote prior to the coming into force date of the Creosote Directive, may be used in gardens, providing there is no risk of frequent skin contact. Furthermore, the prohibition on the use of treated wood does not apply where the treated wood was in such use before 30 June 2003, the date these Regulations came into force.

Q6. What is meant by frequent skin contact?

Frequent could be defined as “happening or occurring often or at short intervals”.  In the context of the creosote directive, frequent skin contact could be considered as repeated (habitual) contact of the skin with, for example, creosote-treated railway sleepers.

Habitual practices such as constant sitting, leaning against, laying on, walking on creosote-treated wood could be considered as frequent skin contact if there is no barrier between the skin and the treated wood.

A person constantly handling creosote treated wood, especially without gloves, as part of their job (daily routine) could be said to be making frequent skin contact with creosote.

Q7. What shall I do with the couple of tins or so of creosote I have stashed away in my garden shed? Can I pour them down the drain?

No, you must not pour creosote down the drain. Contact your local authority and/or the Environmental Agency on how to dispose chemicals of concern. Many local authorities waste disposal sites have special arrangements for disposing chemicals.