Labor & Employment Law Daily Wrap Up, OSHA NEWS—$3.5M fine for chemical spill injuries; penalties also proposed after multiple deaths, (Jul 17, 2026)

By Jonathan Anderson

The injuries occurred while cleaning sulfuric acid in Texas. Unrelated employers in Texas and New York face a combined $1,081,746 in proposed penalties for confined space and other hazards.

After multiple workers were injured while cleaning up a chemical spill in Texas, OSHA cited three firms for various safety infractions with total proposed penalties of $3,520,703. In unrelated developments, the federal agency separately cited employers in Texas and New York for confined space, fall, electrical, and other hazards; these companies collectively face a combined total of $1,081,746 in penalties.

Injuries from chemical spill. OSHA has cited three employers for failing to protect employees during post-emergency response cleanup after a chemical spill in Channelview, Texas, with proposed penalties against the companies totaling $3,520,703.

Multiple employees were injured by the sulfuric acid spill at the BWC Terminals LLC industrial facility on Dec. 27, 2025, leading OSHA to initiate three inspections. The agency found that despite safety warnings, BWC Terminals mixed fresh and spent sulfuric acid, triggering a tank overpressure that ruptured a supply line releasing one million gallons of sulfuric acid.

BWC Terminals contracted Coastal Environmental Solutions Inc. to handle hazardous waste cleanup; Coastal Environmental Solutions hired subcontractor One Way Environmental Services LLC to provide laborers for the cleanup and remediation process.

OSHA investigators cited One Way Environmental Services LLC for 18 willful egregious and five serious violations for failing to provide workers with adequate training, respirator fit tests, or safety measures, with $3,045,452 in proposed penalties.

Coastal Environmental Solutions Inc. faces $392,501 in proposed penalties for two willful and five serious violations that include a lack of training, a safety and health program, an emergency response plan for hazardous waste operations and emergency response, and deficiencies related to use of respirators.

BWC Terminals was cited with six serious violations for exposing workers to chemical burns, failing to provide hazmat training, and deficiencies relating to the use of respirators. OSHA proposed $82,750 in penalties.

Injury from excavation collapse. In an unrelated development, OSHA cited Blazey Construction Services LLC for exposing employees to safety hazards at a worksite in Alvin, Texas, with $343,797 in proposed penalties.

The agency initiated an investigation after a worker was hospitalized following an excavation collapse that occurred while crews were installing sewer and water pipes for a residential development.

OSHA cited the employer for two repeat violations and one other-than-serious violation for failing to adequately protect the excavation, provide a safe means of egress, and report the hospitalization within 24 hours as required by federal law.

Confined space fatality. OSHA cited D L Bandy Constructors Inc. and Pacesetter Personnel Services for failing to protect employees from confined space hazards while performing work at Converse Elementary School in Converse, Texas, with $299,569 in total proposed penalties.

On Jan. 7, 2026, a D L Bandy Constructors Inc. employee 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. Pacesetter Personnel Services also supplied workers for the project to assist with dirt removal.

OSHA 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 failure to identify and evaluate permit-required confined spaces, perform required atmospheric testing, provide adequate ventilation and communication, train employees, designate confined space personnel, and implement required entry and rescue procedures. OSHA proposed $276,399 in penalties for D L Bandy Constructors Inc.

Pacesetter 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 $23,170 in penalties for Pacesetter Personnel Services.

Confined space fatality. OSHA cited FleetPride Inc. for failing to protect employees from confined space and other safety hazards at a facility in Corpus Christi, Texas, with 16 serious and three other-than-serious safety violations. The big rig parts distributor faces proposed penalties of $264,380.

OSHA said it initiated an inspection into FleetPride on Jan. 7, 2026, after an employee asphyxiated while inspecting a tanker trailer. The agency found that the employer failed to implement a confined space program, lacked elements for its respiratory protection program, and exposed workers to electrical hazards.

Multiple hazards. OSHA cited Monro Inc. for exposing workers to multiple types of hazards at a facility in Norwich, New York, with $174,000 in proposed penalties.

The agency cited the auto service provider after finding that workers were exposed to slip, trip, and fall hazards from engine oil and transmission fluid spilled on a storage room floor, and from the accumulation of commercial trash, including tires, in an exterior storage area.

Investigators also found oily rags were allowed to pile up instead of being stored in a covered metal container, employees performed battery maintenance without a suitable nearby eyewash station, and damaged outlets and electrical conduits created electrical hazards.

OSHA further cited Monro with one repeat violation for exposing employees to a crushing hazard after finding a four-post rotary lift with a broken safety latch cable that had been held in place with a pair of vice grips.

Monro Inc. contested the citations and penalties before the independent Occupational Safety and Health Review Commission (OSHRC) and agreed to abate all safety violations. The company also agreed to set up a free, anonymous hotline for employees across its 1,100 locations to report safety and health concerns directly to corporate safety personnel.

All other companies referenced above have 15 business days from receipt of their citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before OSHRC.

Companies: BWC Terminals; Coastal Environmental Solutions Inc.; One Way Environmental Services LLC; FleetPride Inc.; Blazey Construction Services LLC; D L Bandy Constructors Inc.; Pacesetter Personnel Services; Monro Inc.

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