The Texas Construction News staff writer
CONVERSE — Federal workplace safety regulators have issued citations against a Texas construction contractor and a staffing agency following the death of a temporary worker at an elementary school construction site.
The Occupational Safety and Health Administration (OSHA) cited general contractor D.L. Bandy Constructors Inc. and staffing firm Pacesetter Personnel Services after an incident at Converse Elementary School in the Judson Independent School District. According to federal investigators, a temporary worker was using a mini-excavator to remove soil from a crawl space beneath the school when the equipment became pinned against a concrete beam, trapping and fatally injuring the worker.
OSHA cited D.L. Bandy Constructors for one willful violation and 15 serious violations, proposing $276,399 in penalties. Federal inspectors determined the contractor had intentionally removed the rollover protective structure (ROPS) from the mini-excavator and modified its parts so the machinery could fit into the confined crawl space.
Pacesetter Personnel Services was cited for two serious violations and faces $23,170 in proposed fines for failing to provide required safety procedures and training for workers operating in confined spaces.
Both companies were given 15 business days from the receipt of the citations to comply, request an informal conference with OSHA, or contest the findings before the Occupational Safety and Health Review Commission.
