The U.S. Department of Labor has cited a building contractor and a staffing company for multiple safety violations following the death of a worker operating a mini excavator beneath an elementary school in Converse, Texas.
The Occupational Safety and Health Administration (OSHA) launched an investigation after a fatal incident on 7 January 2026 at Converse Elementary School.
A D L Bandy Constructors Inc. employee was removing accumulated dirt from the school’s crawl space using a mini excavator when they became trapped between the machine and a concrete beam, suffering fatal injuries.
Pacesetters Personnel Services had supplied workers to assist with the dirt removal project.
Willful and serious violations
OSHA cited D L Bandy Constructors Inc. for one willful violation after determining the company had removed the rollover protective structures from mini excavators and added fabricated components so the equipment could fit inside the crawl space.
The contractor also received 15 serious violations relating to confined space safety. These included failing to identify and assess permit required confined spaces, carry out atmospheric testing, provide adequate ventilation and communication, train employees, designate confined space personnel, and 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.
Proposed penalties
OSHA has proposed penalties of $276,399 against D L Bandy Constructors Inc. and $23,170 against Pacesetters Personnel Services.
Both companies have 15 business days from receiving the citations to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
