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Franklin foundry owner challenges fines
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November 06, 2009 - 12:00 am

The owner of a Franklin foundry fined more than $250,000 after federal investigators reported finding potentially deadly levels of lead dust spread throughout his factory formally contested the findings yesterday.

In doing so, John Wiehl questioned whether airborne lead particles are any more dangerous than fast food restaurants or poor diets.

He said experts have believed for decades ingesting lead can cause diminished brain function in children and harm multiple vital organs in adults. But Wiehl has melted and poured metal alongside workers on the floor of the Franklin Non-Ferrous Foundry on Sanborn Street for more than 20 years without side effects.

"I can't say one way or the other," he said. "If they say it is (harmful), then I have to assume that it is."

Discussions with the Occupational Safety and Health Administration have been amicable, Wiehl said. In an informal, private meeting yesterday with investigators, Wiehl had a chance to make his case against fines.

Inspectors from OSHA were called to the factory in March when doctors found high levels of lead in a worker's blood. A foreman who performed finishing operations tested positive for lead poisoning, according to a 30-page report issued last month. Contrary to federal law, the worker, whose name has not been released, was not allowed to move to a safer area in the foundry, the report said. By May, Wiehl had also failed to conduct federally mandated follow-up testing, according to the report.

In a phone interview from the foundry yesterday, Wiehl, 62, said symptoms of lead poisoning could instead be attributed to societal changes since the end of World War II. Today, eating habits are worse, with people consuming more preservatives and fewer vegetables, he said.

"Does diet affect it? Does smoking affect it?" he said yesterday. "What about washing your hands after being in an area (with lead)? There is a lot of contributing factors."

Wiehl said there is a possibility some people can be resistant to lead poisoning.

"Even oxygen, if you are over-exposed to it, it's dangerous," he said. "There is the old saying, 'Too much of a good thing is dangerous.' "

All told, Wiehl said he understands there are federal regulations limiting the amount of lead particles in the air but said it was unclear as to whether those particles can cause serious health problems.

"What do you really believe?" he said. "You can only believe what you hear, and you hope the experts know what they are talking about."

Wiehl said none of his employees has complained about working conditions. "Otherwise I'd look at them and say wear your mask," he said.

The OSHA report said the factory failed to provide adequately fitting breathing masks for some employees. Other employees were wearing masks, but they did not fit snuggly because of facial hair.

There are three employees at the factory, Wiehl said, down from a high of about 14 in the late 1990s. Lead is a small but important part of red bronze, which the factory melts, pours and then shapes into a number of different products for customers.



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