US Department of Labor cites Texas contractor, staffing company after worker suffers fatal injury in elementary school crawl space

SAN ANTONIO, TX - The U.S. Department of Labor has cited a building contractor and a staffing company for safety violations after a worker suffered fatal injuries while operating a mini-excavator beneath an elementary school in Converse.

July 13, 2026

US Department of Labor cites Texas contractor, staffing company after worker suffers fatal injury in elementary school crawl space

SAN ANTONIO, TX - The U.S. Department of Labor has cited a building contractor and a staffing company for safety violations after a worker suffered fatal injuries while operating a mini-excavator beneath an elementary school in Converse.

The department's Occupational Safety and Health Administration opened an inspection after a Jan. 7, 2026, incident at Converse Elementary School involving a D L Bandy Constructors Inc. employee who was removing accumulated dirt from the school's crawl space with a mini excavator 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.

The agency cited D L Bandy Constructors Inc. with one willful violation for removing the rollover protective structures 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, 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.

OSHA proposed $276,399 in penalties for D L Bandy Constructors Inc. 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. Please check the OSHA establishment search page periodically for any changes in the inspection or penalty status.

Learn more about OSHA, including information on confined spaces. In addition, employers can contact the agency for free compliance assistance and resources.

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Media Contact:
Joanna Hawkins
opa-west-media@dol.gov

Release Number: 26-1183-DAL