CONVERSE, Texas – After a construction worker died earlier this year on the Converse Elementary School campus, the Occupational Safety and Health Administration accused a contractor and a staffing company of committing multiple safety violations.
The construction worker, later identified as 63-year-old Baltazar Rubio-Olvera, was removing dirt from the school’s crawl space with a mini-excavator.
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>>Construction worker dies at Converse Elementary School, Judson ISD says
According to a news release, Rubio-Olvera became trapped between the equipment and a concrete beam, which led to his death. As a result of the incident, OSHA opened an investigation into Rubio-Olvera’s death.
The organization said it cited D.L. Bandy Constructors Inc., Rubio-Olvera’s employer, with one violation for “removing the rollover protective structures from mini-excavators” and “adding fabricated parts” to make the equipment fit inside the crawl space.
The agency also issued 15 “serious” violations related to confined space hazards, which include:
- The apparent failure to identify and evaluate permit-required confined spaces
- Conduct required atmospheric testing
- The lack of adequate ventilation and communication
- The failure of adequately training its employees
- Designate confined space personnel
- Implement required entry and rescue procedures
The staffing company, Pacesetters Personnel Services, was also issued two violations for allegedly failing to ensure permit-required confined space entry procedures were followed as well as failing to provide confined space training to temporary workers, the department said.
OSHA proposed $276,399 in penalties against D.L. Bandy Constructors, Inc. and $23,170 for Pacesetters Personnel Services.
According to the release, the companies have 15 business days from the receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director or contest the findings before the Occupational Safety and Health Review Commission.
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