Ways to prevent liability claims

Ff RESSURE treated wood can be F nandled without risk to health or safety if a few simple guidelines are followed. Consumers not following those rules can run into problems, and suppliers from the manufacturer right down to the retailer - may be held responsible.

Someone filing a lawsuit for damage due to misuse of treated wood could name everyone in the chain of distribution of the wood, according to Pat Hamilton of the American Wood Preservers Institute. The key is to make sure consumers have ready access to the guidelines, which in the case of treated wood are EPA-approved Consumer Information Sheets.

"The sheets are like a safety label on a hammer, a lamp or a lawnmower," explains George Eliades, AWPI senior vice president. "lt's just on a separate sheet ofpaper. But in the event of a lawsuit, it can take the retailer off the hook. It's just good common sense."

In the event of litigation, dealers should be able to show they didn't withhold information but did what they could to get the directions into the hands of the consumer. Most dealers stock or post the sheets near the wood or at the counter or theY hand them to buyers at the time of purchase. Others attach them to the invoice, delivery ticket or the product itself.

When advertising treated wood in its newspaper supplements, Hechinger's often adds a little inch-high box reading: "Ask for treated wood information."

Annual audits of the Consumer Awareness Program consistentlY show manufacturers and treaters with 100% awareness and participation, and retailers at'190/o awareness and 7lo/o participation. Not good enough, says the EPA.

"The EPA is like a parent whose child brings home a report card," says Eliades. "He doesn't mention the two A s and two B s, but says, 'What's with this C?'The EPA has never once said they're pleased with the 100% involvement by the treaters and manufacturers, just, 'All we can tell you is you've got to do something about this 70%.' Even though that's 70% of 28,000 t " For the good of consumers and retailers alike, the sheets must be distributed. And if the participation doesn't increase, a new programwhich could affect the price of treated wood for everyone - may be required. "l don't think we have much more time," Eliades sighs. "EPA's about to throw up its hands and try something else. They want us to put people in the stores and ask customers questions. That's impractical and would cost a fortune."

Story at a Glance

Consumers who misuse treated wood may sue retailers for withholding information... best de fense: provide EPA-approved Consumer Information Sheets.

Cmsumer Information Sheets

o CCA and ACZA waterborne preservative pressure treated wood may be used inside residences as long as all sawdusl and debrig are cleaned up after construction.

r Use only wood that is visibly clean and free of surface residue for patios, decks and walkways.

. Sealers flor pressure treated wood may be applied at the installation site.

o After working with pressure treated wood and before eating or using tobacco products, wash hands and face thoroughly. If preservatives or sawdust accumulates on clothes, launder them separately from other household clothing before reuse.

. Penta- and creosote-treated wood should not be used in residential interiors except in areas where wood is subject to decay and insect infestation. Two coats of an effective sealer must be applied.

o In farm buildings, either penta- or creosote-treated wood may be used when in ground contact and subject to decay or insect infestation if two coats of an eflective sealer are applied.

o Urethane, shellac and latex epoxy enamel are effective sealers for pentaand creosote-treated wood.

o Do not use wood treated with penta or creosote where it will come in frequent or prolonged contact with bare skin, unless an effective sealer has been applied.

o Do not use treated wood for countertops or for those portions of beehives that may contact the honey.

Copies of the CIS are available from the American Wood Preservers Institute, 1945 Old Gallows Rd., Ste. 550. Vienna. Ya.22182.