![](media/image1.jpeg){width="1.5in" height="0.6659722222222222in"} 1695
N. Penny Lane\
Schaumburg, IL 60173\
800/537-4237

September 29, 2008

**[VIA ELECTRONIC SUBMISSION]{.underline}**

Leon R. Sequeira\
Assistant Secretary for Policy\
U.S. Department of Labor

200 Constitution Avenue, N.W.

S-2312

Washington, D.C. 20210

Attention: Risk Assessment Policy / RIN 1290-AA23

Dear Assistant Secretary Sequeira:

On behalf of the American Foundry Society ("AFS"), we are pleased to
submit the following comments regarding the notice of proposed
rulemaking concerning "Requirements for DOL Agencies' Assessment of
Occupational Health Risks," published in the Federal Register, Vol. 73,
No. 169, Friday, August 29, 2008, p. 50909.\
\
**[Background on Industry]{.underline}**

AFS is the major trade and technical association for the American
metalcasting industry. The association has more than 9,000 members
representing over 2,100 metalcasting firms, their suppliers and
customers in all 50 states. The U.S. metalcasting industry provides
employment for over 200,000 men and women directly and supports
thousands of other jobs indirectly. Nearly 80 percent of our member
companies employ fewer than 100 people, while only 6 percent employ more
than 250 employees. Small and medium-sized foundries dominate our
industry.

Metal castings are the foundation for all other manufacturing. Every
sector relies on castings, as 90 percent of all manufactured goods and
capital equipment incorporate engineered castings into their makeup. In
fact, foundries produce metal castings utilized by the agricultural,
construction, mining, railroad, automotive, aerospace, communications,
health care, and defense industries. Our association and its member
companies are committed to providing a safe and healthful work
environment.

**[Comments on NPRM "Risk Assessment Rule"]{.underline}**

Under the new proposal, the Labor Department would issue an Advanced
Notice of Proposed Rulemaking (ANPR) asking for relevant data when
developing risk assessments for health standards regulating occupational
exposure to toxic substances and hazardous chemicals, and rulemaking
documents and underlying studies used in a risk assessment would be
electronically posted. We would support the ANPR rulemaking process.

AFS is committed to the use of the best available science and believes
that evidence-based science should be the underpinning of any rulemaking
that impacts worker health and safety.  Accordingly, AFS supports the
Labor Department in its adoption of the "best available scientific data
and practices ... the latest available scientific data in the field."

AFS also supports the Department of Labor's initiative to make available
to the public in a timely way all documents relevant to an occupational
health rulemaking. In so doing, the Department would effectively respond
to historical concerns that OSHA has undertaken rulemaking in an
atmosphere of secrecy. The current process allows arbitrary use of
selected studies that often appear to bolster a predetermined
conclusion.  In addition, the current process invites a contentious
rulemaking proceeding and legal challenges that consume the agency's
time and resources.

Increased transparency and openness of the agency's rulemaking process
can only lead to improvements in the health and safety of American
workers.

Once again, AFS believes that this proposal would ensure both
transparency and consistency that would make the rulemaking process more
open and less arbitrary.  This needed improvement would reduce the long
contentious legal proceedings that delay, modify or even overturn
implementation of OSHA standards. Please contact me or Stephanie Salmon
at (202) 842-4864 (ssalmon@afsinc.org) if you have any questions or
require additional information.

Sincerely,\
![](media/image2.png){width="1.4020833333333333in"
height="0.8326388888888889in"}

Jerry Call\
American Foundry Society\
Executive Vice President