Workers at a job site in Ohio expressed concerns about a trench’s depth, yet were instructed to enter it regardless. Shortly after, the trench collapsed, leading to the death of one worker, Jose Alberto Barajas Martinez, and severely injuring two others. The collapse occurred on December 5 near Milford.
The Occupational Safety and Health Administration (OSHA) determined that the trench, approximately 8 feet deep, lacked necessary protections against cave-ins, violating federal regulations that mandate safeguards for trenches over 5 feet deep. The investigation findings were reported by the Cincinnati Enquirer.
Whispering Creek LLC, the landscaping company involved, faced citations for five safety violations with an initial fine of $231,714. Later, the penalty was reduced to $49,000 as Clermont County prosecutors consider potential criminal charges against those responsible.
“I actually saved one of the workers myself,” stated company owner David Baumgardner, acknowledging his friendship with Barajas Martinez and how deeply he was affected by the incident.
On the day of the incident, the three men were installing piping when the trench collapsed around them at approximately 3:30 p.m. Firefighters who arrived at the scene discovered one worker completely buried and unconscious, while the other two were partially buried but conscious.
Due to the instability of the trench, immediate entry by firefighters was not possible. Rescuers provided oxygen and heated blankets to the men while waiting for proper equipment to safely stabilize the trench. The rescue operation took about six hours, freeing the two survivors amidst these challenging conditions.
Further investigations by OSHA revealed that ladders found inside the trench had only been brought in for the rescue operation and were not present during the initial entry by the workers. This was part of multiple violations, including inadequate inspections, insufficient worker training, and failing to maintain safe distances for excavated soil and equipment.
Among the injured, one suffered eight fractures, while another incurred two broken ribs in addition to serious internal injuries. A family GoFundMe identified one survivor as Jaime Barajas, the father of the deceased.
David Baumgardner, who was on site during the incident, faced accusations of “conscious disregard” and “plain indifference” toward safety requirements. He admitted to not using a trench box, claiming the trench was not deep enough to warrant it, said in his statements to investigators. He is anticipating further legal repercussions, with potential charges implied but not formally listed as of mid-August.