Workers at an Ohio construction site raised concerns about a trench’s perilous depth. Despite the warnings, they were directed to enter, leading to a tragic cave-in that killed one worker and injured two others. This occurred on December 5 near Milford, where 28-year-old Jose Alberto Barajas Martinez lost his life. According to the Cincinnati Enquirer, OSHA found the trench, about 8 feet deep, lacked required cave-in protections.
Whispering Creek LLC, the landscaping firm involved, faced five safety violation citations and an initial fine of $231,714. The penalty was later reduced to $49,000 as potential criminal charges are evaluated by Clermont County prosecutors.
“Company owner David Baumgardner was present at the site and aware of the trench’s layout,” the paper revealed.
He claimed to have used safety measures on prior projects. When asked about the absence of a trench box, Baumgardner argued the trench wasn’t deep enough to necessitate one. However, investigators charged him with “conscious disregard” of safety norms, describing his comments as “plain indifference.”
Baumgardner expressed profound grief over Barajas Martinez’s passing, stating the deceased was his friend. “I saved one of the workers myself,” he recounted.
The incident unfolded as three workers installed corrugated piping. The trench collapsed around 3:30 p.m., as reported by FOX19 Cincinnati. First responders, arriving at the scene, discovered one man fully buried and two others partially so, conscious yet trapped. Due to the trench’s instability, immediate rescue was impossible. Firefighters provided oxygen and heated blankets while stabilizing the area. Rescuers then painstakingly unearthed the men, announcing one deceased. The entire rescue process spanned about six hours.
OSHA’s examination revealed that ladders present during the rescue were absent initially. The agency also cited the company for insufficient inspections and employee training, along with leaving excavated soil and tools dangerously near the trench’s edge.
The survivors endured multiple fractures and serious internal injuries. A family-supported GoFundMe identified one survivor as Jaime Barajas, Barajas Martinez’s father. Baumgardner noted that one survivor has since resumed work, while the other is still recuperating.
Potential charges listed in a Miami Township police report include reckless homicide and negligent assault. Baumgardner anticipated felony charges but none had been filed by August 14. The case remains under review by the Clermont County Prosecutor’s Office.