Steel By OSHRC

• This case arises from a citation issued by the Occupational Safety and Health Administration (?OSHA?) to Metro Steel Construction Co., Inc. (?Metro?). Items 2a and 2b of that citation alleged that Metro had violated the construction safety standard at 29 C.F.R. ? 1926.105(a),1 which requires the use of fall protection when employees are exposed to a fall of more than 25 feet.

• Tri-State Steel Construction Co., Inc., (Tri-State) filed a petition for fees and expensesunder the Equal Access to Justice Act (EAJA), 5 U.S.C. ? 504. The administrative law judge 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., Nos. 89-2611, 89-2705 (February 10, 1997) (ALJ). The Sixth Circuit reversed and remanded. Tri-State Steel Const. Co., Inc., v. Herman, 164 F.3rd 973 (6th Cir. 1999). Tri-state has now filed a motion requesting that the Review Commission rule on its petition for fees and expenses.