A fatal trench collapse in Milford, Ohio, has resulted in fines for the construction company involved, after federal investigators determined that required safety measures were not in place. Jose Alberto Barajas Martinez, 28, died on December 5 when an eight-foot trench collapsed while he and two other workers were installing a storm drain in a residential yard.
Emergency crews responding to the incident found Martinez completely buried, while the other two workers were partially buried but conscious. The trench was deemed too unstable for immediate entry by firefighters, who had to remove dirt bucket by bucket to recover the trapped men. According to Miami Township Fire Chief Dave Jetter, one survivor suffered eight fractures, and the other sustained two fractured ribs. Both also experienced arterial, cardiac, and lung injuries, and developed rhabdomyolysis, a condition where damaged muscle tissue releases harmful substances into the bloodstream.
Investigators from the Occupational Safety and Health Administration (OSHA) determined that the excavation lacked the necessary cave-in protections mandated by federal safety regulations. These standards require protective systems, such as trench boxes, sloping, or shoring, for trenches deeper than five feet. Records indicated that none of these were in place at the Whispering Creek worksite. Additionally, investigators alleged that the company failed to conduct adequate inspections, properly train workers on hazard identification, provide a safe exit, and maintain a safe distance between excavated soil and equipment. No ladders were present in the trench during the rescue.
Whispering Creek LLC, the company performing the landscaping and pool installation services, was initially served with five violations, with proposed penalties totaling $231,714. A settlement subsequently reduced the total amount to $49,000. OSHA investigators found that the company's owner, David Baumgardner, allegedly had knowledge of the trench's depth and layout. Baumgardner stated he had used cave-in protections previously but investigators asserted he demonstrated "conscious disregard" by failing to provide and implement them for this job. According to records, Whispering Creek had no prior inspections or citations from OSHA.
Baumgardner, whose company has been in business for 37 years, described Martinez as a friend. He told the Cincinnati Enquirer that employees have received compensation and that he anticipated felony charges. He added that one injured survivor has returned to work, while the other is still recovering. A police report lists potential charges of reckless homicide and negligent assault, though no charges have been filed yet. The Clermont County Prosecutor's Office is currently reviewing the case.