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A former gun range employee, whose children tested positive for elevated lead levels, will receive $30,000 in restitution after he was fired once he reported potential lead hazards to the Occupational Safety and Health Administration (OSHA).
Christopher Moore, who worked at the Shooting Gallery in Orlando, Florida, from 2015 to July 2016, will receive the payment pursuant to an action OSHA brought against the range on his behalf in federal court.
A settlement among Moore, OSHA and the gun range was reached in December, and a federal judge approved the language on Friday.
The initial complaint filed by the Department of Labor, which houses OSHA, says that Moore and his fiancée learned that their children tested positive for lead poisoning in June 2016.
A couple days later, the fiancée went to the Shooting Gallery and confronted Tracy Robertson, Moore's manager.
Robertson is no longer employed by the range, which did not return a request for comment about the settlement.
Moore's fiancée inquired as to whether the elevated lead levels in her children could be related to Moore's work at the range. Robertson was said to have rebuffed her question, informing her that it would be "Moore's fault if he exposed his children to high levels of lead," according to the complaint.
Robertson further explained that "it was not the owner's responsibility to protect [Moore] or take care of his hygiene," the complaint said.
Moore's fiancée informed Robertson that their doctor already reported the elevated lead levels to the Orange County Health Department and that they had plans to cooperate with OSHA for an investigation.
At that point, the complaint stated that Robertson instructed Moore to tell Johnny Lwin, the gallery's owner, about his plans to contact the health department, adding that Moore would likely be fired.
Less than two weeks after OSHA visited the gallery, Robertson did fire Moore at Lwin's direction, according to the complaint.
Under the Occupational Safety and Health Act of 1970, it is a federal offense to fire someone because they initiate a complaint with OSHA.
Research outlines a strong correlation between blood lead levels and recreational or occupational shooting at ranges. A 2017 analysis published in the journal Environmental Health found that occupational and recreational shooters almost always have blood lead levels exceeding 2 μg/dL, compared against an average of 1.2 μg/dL among U.S. adults.
Half of the studies reviewed by the Environmental Health analysis found blood lead levels exceeding 20 μg/dL; the Centers for Disease Control and Prevention recommends adults maintain a blood lead level below 5 μg/dL.
The analysis concluded that "firing ranges, regardless of type and user classification, constitute a significant and currently largely unmanaged public health concern."
Lead poisoning, especially when it occurs during cognitively important development in adolescence, is associated with a range of long-term health consequences, such as reduced I.Q. and behavioral disorders.
As part of the settlement, Shooting Gallery will also be required to display OSHA know-your-rights signage around the workplace and receive training from OSHA for current employees.
About the writer
Asher Stockler is a reporter for Newsweek covering the National Rifle Association and gun policy.