Construction owners and contractors continue to face heightened regulatory scrutiny over confined space operations and equipment safety. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited D L Bandy Constructors Inc. and Pacesetters Personnel Services following a fatal incident involving a mini excavator at an elementary school project in Converse, Texas.
The citations stem from an OSHA investigation into a Jan. 7, 2026, workplace incident in which a construction worker sustained fatal injuries while operating equipment beneath the school.
According to OSHA, the worker was using a mini excavator to remove accumulated soil from a crawl space beneath Converse Elementary School when the operator became trapped between the machine and a concrete beam.
The agency alleged that D L Bandy Constructors modified mini excavators by removing rollover protective structures and installing fabricated components to allow the equipment to operate within the confined crawl space.
OSHA also cited the contractor for multiple alleged serious violations related to confined space safety, including hazard identification, atmospheric testing, ventilation, employee training, communication procedures, and rescue planning.
Pacesetters Personnel Services, which supplied temporary workers for the project, received citations related to alleged deficiencies in confined space training and permit-required confined space procedures.
OSHA proposed penalties totaling $276,399 against D L Bandy Constructors Inc. and $23,170 against Pacesetters Personnel Services.
Under OSHA procedures, employers may comply with the citations, request an informal conference with the agency, or contest the findings before the Occupational Safety and Health Review Commission. The citations represent allegations, and penalty amounts or classifications may change as the enforcement process proceeds.
Confined space operations remain among the highest-risk activities on construction projects. For construction owners, contractors, and staffing agencies, the case highlights the importance of maintaining compliant equipment, conducting hazard assessments, implementing permit-required confined space programs, and ensuring both direct and temporary workers receive appropriate safety training before entering hazardous work areas.
Source: Osha.
