Arsenic-Treated Wood: Lawsuits on the Rise

Treating wood with pesticides to protect the wood from natural elements is an effective method of preserving the wood's longevity. However, certain companies that pressure-treat wood are using the chemical, chromated copper arsenate (CCA), commonly known as arsenic, which is fatal to human beings.

Dangers of Chromated Copper Arsenate

CCA-treated wood is used to build many everyday outdoor products including fences, playgrounds and picnic tables. There is no visible distinction between wood treated with arsenic and wood treated with a less harmful pesticide. Studies conducted by environmental groups indicate the cancer risk for children can dramaticallly increase by merely touching an arsenic-treated wood surface.

Construction workers and carpenters have brought lawsuits for arsenic poisoning caused by exposure to arsenic-treated wood. CCA-treated wood lawsuits are on the rise with many potential claimants recently realizing their exposure. There is also a potential for environmental litigation because studies have indicated that CCA-treated wood can leak arsenic into soil or water which could lead to the contamination of other surfaces.

Ban Deemed Unecessary by the Federal Regulators
CCA-treated wood is banned in some countries, yet such action has not taken place in the United States. On November 4, 2003, the Consumer Product Safety Commission determined that issuing a ban on production of CCA-treated wood was not necessary. This was due, in part, to the fact that most CCA-treated wood manufacturers had already phased out use of such wood, and those that have not are in the process of doing so. In February 2002, manufacturers had agreed with the Environmental Protection Agency (EPA) to stop using CCA-treated wood by December 2003. Previous action taken against the treated-wood industry included pressure by the EPA to require manufacturers to put warning labels on CCA-treated wood indicating that pesticides applied to the wood contain arsenic and may pose health risks.