sleepers
EU Commission Directive 2001/90/EC - [broken link removed] -
pointing out that wood treated with creosote may not be put on the market.
By way of derogation -- wood already treated MAY be put on the second-hand market for reuse BUT re-use is specifically prohibited in toys, playgrounds, parks, gardens and leisure facilities where there is risk of frequent skin contact.
Irish Law - S.I 107 2000 - translates this prohibition as follows:
iii) Relating to old treated wood: the prohibition shall not apply where this is placed on the second-hand market. However, such wood may not be used:
- inside buildings whether for decorative purposes or not, whatever their purpose (residence, employment, leisure),
- for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come into contact with, or of other materials which may contaminate, raw, intermediate and/or finished products intended for human and/or animal consumption, and any re-treatment,
- in playgrounds and in other outdoor places of public pleasure.
Clearly our EU neighbours are able to enjoy a higher standard of protection from carcinogenic components than Irish law allows for, in that Irish Legislation refers only to Public spaces.
As for the Waste issue - check the Waste Management Act of 1006, Second Schedule Part 2. [broken link removed]
Here the components which render a waste material as hazardous are specified. These components include creosote.
Even Irish Legislation recognises crosote contaminated waste as being hazardous.