Safety hazards at construction site led to deadly 2017 crash on I-10 in far east El Paso

Serious hazards near Interstate 10 in far east El Paso ended up leading to a crash in Dec. 2017 that killed two people riding in an 18-wheeler.

Those findings are part of an investigative report conducted by the Occupational Safety and Health Administration, or OSHA, in the hours and weeks after the crash.

While OSHA investigators documented several flaws at the work site run by JAR Construction, a local construction company, OSHA says it has no jurisdiction and does not plan to cite the company or take any other action.

In February, ABC-7 reported that nine calls were made to 911 over an hour’s time on Dec. 21, 2017. Callers had warned the emergency operators about a piece of construction equipment hanging over a driving lane on I-10 East near Americas Avenue. A semi driven by Patrick Van Fossen, 24, ended up slamming into the concrete placer. He was thrown from the truck and died. A passenger, his fiancee Keserie Paredes, 22, was asleep in the cabin during the impact and was killed.

ABC-7 obtained the six-page safety inspection conducted by OSHA through a formal request under the Freedom of Information Act, and is just uncovering never-before disclosed information about the site where the cement placer was located.

The OSHA report indicates that JAR Construction, which was contracted by the Texas Department of Transportation to work on that section of I-10, did not correctly identify safety hazards.

OSHA found access to the construction site was not restricted and the keys were not removed from the ignition of the concrete placer when workers left the job site at about 4:30 p.m. on Dec. 20.

It is illegal in the state of Texas to leave keys in the ignition of a vehicle.

OSHA also determined that if the keys were left out of the ignition, the engine would not be able to turn on and the conveyor belt would not have lifted.

The report states that a JAR supervisor told an OSHA investigator that there was only one key to that concrete placer, and that key was “always” left in the ignition.

OSHA determined, “There were hazards observed that could have prevented the conveyor from the concrete placer to be overhanging in the interstate.”

JAR Construction was established more than 60 years ago, according to its website. It says quote, “Our employees take pride in their quality of work and are committed to surpassing deadlines, and recognize that excellence in performance is the key to success.”

But throughout its inspection, OSHA noted that JAR, “did not act in good faith,” delaying the investigation “continuously.”

ABC-7 has been asking JAR for a comment since reporting on the fallout of the deadly crash in February of 2019. Officials did not respond. An in-person request for a call-back made at JAR’s office in El Paso’s Lower Valley in June also did not yield a response, nor did a call to JAR’s attorney in this case.

According to the assistant director of El Paso’s OSHA office, the agency cannot issue any citations because while OSHA has jurisdiction over active construction sites, it does not have jurisdiction over semi-truck accidents that happen on the interstate, nor does it have jurisdictions on interstates.

ABC-7 has contacted numerous agencies at the local, state and federal level to find out who has jurisdiction and whether that agency will conduct the investigation necessary to hold anybody accountable so ultimately, your commute on the freeway becomes safer.

The results of that investigation are coming up on Tuesday and Wednesday at 10 p.m. only on ABC-7.