$299,000 in Fines After a Contractor Stripped Safety Gear Off a Mini-Excavator

A worker was fatally trapped between a mini-excavator and a concrete beam while clearing dirt from a crawl space beneath a Texas elementary school. OSHA's investigation found the excavator's factory-installed rollover protective structure had been removed before the incident. The agency proposed $299,569 in combined penalties against the contractor and a staffing agency that supplied workers on the project.

By the Numbers

• $276,399 proposed penalty against D L Bandy Constructors Inc.

• $23,170 proposed penalty against Pacesetters Personnel Services, the staffing agency involved on the project.

• 1 willful violation, for removing rollover protective structures from mini-excavators.

• 15 serious violations related to confined space hazards.

• $299,569 total proposed penalties across both companies.

What Went Wrong

The willful violation is the one that should get every equipment operator's attention. Removing a rollover protective structure is not an oversight, it is a deliberate modification to safety equipment the manufacturer installed for a reason, and OSHA treats it as such with the highest penalty classification available.

The 15 serious violations all trace back to confined space failures: the contractor did not identify the crawl space as a permit-required confined space, did not conduct air quality testing, did not provide ventilation, did not train employees on confined space hazards, and had no emergency rescue protocol in place. A crawl space beneath an occupied school building checks every box for a permit-required confined space, and none of those boxes were checked before the work started.

Why This One Should Worry Every GC and Sub

The staffing agency was cited too, which is a reminder that joint employer responsibility does not disappear because the workers on-site are contracted labor. Confined space entry and unauthorized equipment modification are two of the fastest paths to a willful citation and the steepest penalties OSHA hands out. If you are staffing a job or subbing work to another crew, confirming their confined space program is real and current, not just paperwork on file, is part of the due diligence both sides owe each other.

Key Takeaways

• Removing factory safety equipment from machinery is treated as a willful violation, not a paperwork gap, and carries the steepest penalty bracket.

• A permit-required confined space program is not optional once a space meets the criteria: limited entry or exit, not designed for continuous occupancy, and potential to trap or engulf a worker.

• Staffing agencies share liability for the site conditions their workers are exposed to.

• If your crews ever work under structures, in crawl spaces, or in excavations that meet the confined space definition, verify your permit program and rescue plan are current before the next job.