Federal investigators have cited an Ohio landscaping company for safety violations following a trench collapse that killed one worker and severely injured two others. The Occupational Safety and Health Administration (OSHA) determined that the roughly 8-foot-deep trench lacked the required cave-in protections, despite federal regulations mandating safeguards for excavations deeper than 5 feet.
Jose Alberto Barajas Martinez, 28, died in the Dec. 5 collapse near Milford, Ohio. Two other workers sustained serious injuries, including fractures and broken ribs. One survivor is the father of the deceased worker.
According to records obtained by the Cincinnati Enquirer, workers had expressed concerns about the trench's depth shortly before it collapsed. Investigators stated that the company's owner, David Baumgardner of Whispering Creek LLC, was present at the site and aware of the excavation's depth and layout. Baumgardner reportedly told investigators that workers were instructed to enter the trench minutes before the cave-in.
OSHA accused Baumgardner of "conscious disregard" for safety requirements and "plain indifference" to the potential hazards. The agency cited Whispering Creek LLC for five safety violations, initially proposing a fine of $231,714. This penalty was later reduced to $49,000.
In addition to the lack of cave-in protection, OSHA also cited the company for inadequate trench inspections, insufficient worker training, and improper placement of excavated soil and equipment near the trench's edge. Investigators noted that ladders observed in the trench after the collapse were brought in by rescue crews and were not present when the workers entered.
Baumgardner, who stated he considered the deceased worker a friend, told the newspaper that he had previously used cave-in protections on other job sites. He also mentioned that he personally assisted in the rescue of one of the injured workers.
The incident occurred around 3:30 p.m. as three workers were installing corrugated pipe in a residential yard. Rescue efforts were hampered by the unstable nature of the trench, requiring specialized equipment to shore up the excavation before workers could be reached. It took approximately six hours to free the surviving workers.
The Miami Township police report listed reckless homicide and negligent assault as potential charges. The Clermont County Prosecutor's Office is currently reviewing the case. As of Aug. 14, no criminal charges had been formally filed. One of the injured workers has returned to work, while the other is still undergoing recovery.