Tri-State Steel Construction Company, Inc.

Plain-English summary

Tri-State Steel Construction sought fees and expenses under the Equal Access to Justice Act. The Commission had aggregated Tri-State's net worth with that of its parent and found the company above the $7 million eligibility limit. The Sixth Circuit reversed that ruling and remanded the matter. The Commission then referred the consolidated cases to the Chief Administrative Law Judge for further proceedings. This order does not decide the ultimate fee entitlement or amount.

Decision snapshot

• Cited standard(s): No OSHA standard is cited; the order concerns EAJA fee eligibility.
• Outcome: The consolidated fee cases were referred to the Chief Administrative Law Judge after the court's remand.
• Key point: The Commission returned the fee application for further proceedings after the court reversed its affiliate-aggregation ruling.

Full text (OSHRC public release)

                                              :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC Docket Nos. 93-0512

                                                  :                            93-0513

TRI-STATE STEEL :
(Consolidated)
CONSTRUCTION CO., INC., :
:
Respondent. :
:

                                      ORDER

     Tri-State Steel Construction Co., Inc., (Tri-State) filed a petition for fees and

expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504. The

Commission aggregated the net worth of National Engineering and Contracting Co., Tri-

State’s parent corporation, with the assets of Tri-State in finding that Tri-State’s net

worth exceeded the $7,000,000 limit for eligibility under the EAJA. Tri-State Steel

Const. Co., 17 BNA OSHC 2136, 1995-97 CCH OSHD ¶ 31,402 (Nos. 93-0512, 93-

0513, 1997). The Sixth Circuit reversed and remanded. Tri-State Steel Const. Co., v.

Herman, 164 F.3rd 973 (6th Cir. 1999).

                                                                        1999 OSHRC No. 21

We refer these cases to the Chief Administrative Law Judge for further

proceedings. So ordered.

                                     /Signed/

                                     Thomasina V. Rogers
                                     Chairman

Date: August 18, 1999 /Signed/

                                     Gary L. Visscher
                                     Commissioner

93-0512 & 93-0513

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Deborah R. Pierce, Regional Solicitor
Office of the Solicitor, U.S. DOL
Room 14480
3535 Market Street
Philadelphia, PA 19104

Kent W. Seifried, Attorney
Poston, Seifried & Schloemer
525 West Fifth Street, Suite 318
Covington, KY 41011

Irving Sommer
Chief Administrative Law Judge
Occupational Safety and Health
Review Commission
1120 20th Street, Suite 990
Washington, D.C. 20036-3419

Michael H. Schoenfeld
Administrative Law Judge
Occupational Safety and Health
Review Commission
1120 20th Street, Suite 990
Washington, D.C. 20036-3419