Workers replacing a storm drain at an Ohio job site warned that a trench had become dangerously deep, but federal investigators say they were told to enter it anyway — minutes before it collapsed, killing one worker and severely injuring two others.
Jose Alberto Barajas Martinez, 28, was killed in the Dec. 5 collapse near Milford. OSHA later found the roughly 8-foot-deep trench had no protection against a cave-in, despite federal rules requiring safeguards for trenches deeper than 5 feet, according to records obtained by the Cincinnati Enquirer.
Whispering Creek LLC, the landscaping company on the job, was cited for five safety violations and initially fined $231,714, the report said. The penalty was later reduced to $49,000 as Clermont County prosecutors consider possible criminal charges.
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Company owner David Baumgardner was at the site and knew the trench's depth and layout, the paper reported. He told investigators he had used cave-in protections on previous jobs.
Asked why he did not use a trench box, Baumgardner said the workers were not deep enough.
Investigators accused Baumgardner of "conscious disregard," saying he knew the safety requirements but failed to follow them. They also cited his explanation about the trench's depth as evidence of "plain indifference," according to the paper.
Baumgardner told the newspaper that Barajas Martinez was his friend and that his death had deeply affected him.
"I actually saved one of the workers myself," he said.
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The three men were installing corrugated pipe in a residential yard when the trench collapsed around 3:30 p.m., FOX19 Cincinnati reported in December.
Firefighters found one man completely buried and unconscious and the other two awake but partially buried, Miami Township Fire Chief Dave Jetter told the station at the time.
The trench was too unstable for firefighters to immediately enter. Crews gave the men oxygen and heated blankets while waiting for equipment to shore up the excavation.
Rescuers then worked bucket by bucket to uncover the men. One man was pronounced dead, while it took about six hours to free both survivors, the station reported.
OSHA investigators later found that ladders seen inside the trench had been brought in during the rescue and were not there when the workers entered, according to the Enquirer. The agency also cited Whispering Creek for inadequate inspections and worker training and for keeping excavated soil and equipment too close to the trench's edge.
One survivor suffered eight fractures and the other two broken ribs. Both also suffered serious internal injuries, according to the Enquirer. A family GoFundMe identified one survivor as Jaime Barajas, the father of Barajas Martinez.
Baumgardner said one survivor has returned to work while the other is still recovering.
A Miami Township police report listed reckless homicide and negligent assault as possible charges, according to FOX19. Baumgardner told the Enquirer he expected felony charges, but none were listed as of Aug. 14.
The Clermont County Prosecutor's Office is reviewing the case.
