There is however legislation that needs to be borne in mind:-
Selling/supplying creosoted timber (“placing on the market”)
Wood treated with creosote prior to 30 June 2003 may, without restriction, be placed on the second-hand market for re-use (typically old railway sleepers).
Wood treated or re-treated (in any way) with creosote before or after 30 June 2003 and placed on
the market for first time use, may be placed on the market but only for industrial and professional
use.
However, although it is the user’s responsibility to comply with the restrictions on the use to which creosoted timber is put, WPA recommends creosoted timber should besupplied with user guidance –
Using creosote-treated timber
Wood treated with creosote prior to 30 June 2003 and placed on the market for second-hand use
(typically old railway sleepers) may be used (by DIY, professional and industrial users) in any
situation apart from those listed below under ‘Restricted uses’.
Restricted uses:
After 30 June 2003 creosoted timber(all forms) may not be used:
1.inside buildings,
2.in toys,
3.in playgrounds,
4.in parks, gardens and outdoor leisure facilities where there is a risk of frequent skin contact*,
5.in the manufacture of garden furniture such as picnic tables,
6.for the manufacture and use and any re-treatment of:
containers intended for growing purposes
•packaging that may come into contact with raw materials, intermediate or finished
products destined for human and/or animal consumption,
•other materials which may contaminate the products mentioned above.
Most of the specific situations listed above, e.g. toys, garden furniture, are in any case not suitable for creosoted timber due to risk ofstaining clothing from contact with any creosote there may be on the surface.
*The DTI has published guidance on what frequent skin contact means: “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 railwaysleepers. Habitual practices such as constant sitting, leaning against, laying on, walking on creosote-treated woodcould be considered as frequent skin contact if there is no barrier between the skin and the treated wood. A personconstantly handling creosote treated wood, especially without gloves, as part oftheir job (daily routine) could be said to be making frequent skin contact with creosote”.