Proposed penalties of $276,399 have been issued against a contractor after a worker died while operating a modified mini excavator under a school in San Antonio, Texas, according to the U.S. Occupational Safety and Health Administration.
On January 7, Baltazar Rubio-Olvera was underneath Converse Elementary School operating a mini excavator in which its ROPS structure had been removed and fabricated parts had been added so it could fit inside a crawl space, OSHA reports. The 63-year-old operator was removing dirt from the crawl space when he “became trapped between the equipment and a concrete beam, resulting in fatal injuries.”
OSHA cited employer DL Bandy Constructors Inc. on July 13 with one willful violation for removing the excavator’s rollover protection and for making other modifications. It also issued 15 serious violations for confined-space hazards, including:
- Failure to identify and evaluate confined spaces.
- Failure to conduct required atmospheric testing.
- Failure to provide adequate ventilation and communication.
- Failure to train employees, designate confined-space personnel and implement required entry and rescue procedures.
Pacesetters Personnel Services, which supplied temporary workers for the project to assist with dirt removal, was also cited for two serious violations. The proposed penalties total $23,170 for failing to ensure required confined-space entry procedures were followed and for failing to provide confined-space training to the temporary workers, according to OSHA.
Powered byBandy has been cited by OSHA in the past, according to online records:
- August 29 in Seguin, Texas — employees performing roofing activities used a safety rope that allowed a free fall over 6 feet. Other-than serious violation, $4,250 fine.
- July 1, 2024, in San Antonio — failed to use barricades and safety signs to prevent or limit access to work areas in which employees were exposed to electrical hazards. Other-than serious violation, $5,808 fine.
Bandy has 15 days to appeal the OSHA violations for the January 7 incident.
Following Rubio-Olvera’s death, the company posted to Facebook January 19: “We mourn the loss of a beloved team member whose hard work, friendship, and commitment left a lasting mark on all of us.”
Equipment World has reached out to DL Bandy Constructors for comment regarding the violations.
Rubio-Olvera is survived by his partner of 40 years, Julia Cervantes, and three sons.
“As a proud construction worker, Baltazar dedicated his life to building structures that stood as strong and noble as his character,” his obituary says. “His work ethic was unparalleled, and his colleagues admired him for his dedication and skill. Embracing the American Dream, he took great pride in his U.S. citizenship, and his involvement within his community was a testament to his commitment to the principles of hard work and service.”
