Ohio trench collapse kills worker and injures two

A fatal trench collapse near Milford, Ohio, on December 5 resulted in the death of 28-year-old Jose Alberto Barajas Martinez and serious injuries to two other workers. The incident occurred while the crew was attempting to replace a storm drain in an eight-foot-deep trench at a residential property.

An investigation by the Occupational Safety and Health Administration (OSHA) determined that the excavation lacked the required cave-in protection mandated by federal safety rules for trenches deeper than five feet. Investigators reported that workers had raised alarms regarding the dangerous depth of the trench shortly before the collapse, but these concerns were allegedly ignored.

Whispering Creek LLC, the landscaping company responsible for the work, received citations for five safety violations. While the company was initially assessed a $231,714 fine, the penalty was later reduced to $49,000. Company owner David Baumgardner, who was present at the site, told investigators he believed the depth did not require a trench box, a claim OSHA characterized as showing “plain indifference.” Clermont County prosecutors are currently reviewing the case to determine if criminal charges are warranted.