OSHA cites D L Bandy Constructors for crawl space mini excavator fatality

OSHA cited a building contractor D L Bandy Constructors Inc. and staffing provider Pacesetters Personnel Services with 18 violations this week following a construction equipment fatality in Converse, Texas.

The agency launched an investigation Jan. 7 after an employee - reported as 63-year-old Baltazar Rubio-Olvera by local news station KSAT - was killed while working at Converse Elementary School.

Rubio-Olvera was operating a mini-excavator in the school's crawl space to remove accumulated dirt and became trapped between the equipment and a concrete beam, resulting in fatal injuries.

Pacesetters Personnel Services also supplied workers for the project to assist with dirt removal.

Contractor failed to evaluate permit-required confined spaces

OSHA cited D L Bandy with one willful violation for removing the rollover protective structures (ROPS) from mini-excavators and adding fabricated parts so the equipment could fit inside the crawl space.

The agency also issued 15 serious violations related to confined space hazards, including failing to:

• Identify and evaluate permit-required confined spaces
• Conduct required atmospheric testing
• Provide adequate ventilation and communication
• Train employees
• Designate confined space personnel
• Implement required entry and rescue procedures

Pacesetters Personnel Services received two serious violations for failing to ensure permit-required confined space entry procedures were followed and for failing to provide confined space training to temporary workers assigned to the project.

OSHA proposed $276,399 in penalties for D L Bandy, and $23,170 for Pacesetters Personnel Services.

The companies have 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission (OSHRC).

Two previous citations for fall protection, electrical hazards

OSHA previously cited D L Bandy following two inspections:

1. In August 2025, employees were observed performing roofing activities on a storm shelter under construction using a safety rope that allowed a free fall in excess of 6-feet, violating personal fall arrest system requirements.
2. In June 2024, D L Bandy failed to install barricades or safety signs to prevent workers from accessing areas where electrical hazards were present.

D L Bandy paid just over $10,000 in fines for both citations combined.