Federal safety investigators have cited a landscaping contractor for five violations after a trench collapse in Ohio killed one worker and injured two others in December, despite warnings the excavation was dangerously deep.
OSHA cites Whispering Creek LLC for five safety violations after an 8-foot trench collapsed near Milford on Dec. 5, killing 28-year-old Jose Alberto Barajas Martinez and severely injuring two coworkers. Investigators found the trench lacked required cave-in protections despite federal rules mandating safeguards for trenches deeper than 5 feet.
The company, Whispering Creek LLC, was initially fined $231,714 but the penalty was later reduced to $49,000 as prosecutors in Clermont County consider possible criminal charges. The incident occurred while workers were replacing a storm drain in a residential yard around 3:30 p.m.
Company owner David Baumgardner acknowledged trench depth during interviews with investigators, stating he had used cave-in protections on previous jobs. When asked why protections were not in place, Baumgardner told investigators the workers were "not deep enough," according to records obtained by the Cincinnati Enquirer.
Firefighters responding to the scene found one worker completely buried and unconscious, while the other two were partially buried but conscious. Martinez was pronounced dead at the scene. The surviving workers were hospitalized with severe injuries.
Federal investigators accuse Baumgardner of 'conscious disregard' for safety regulations, citing his failure to implement required protections despite knowing the trench’s depth. OSHA records describe his explanation about the trench’s depth as evidence of "plain indifference." Baumgardner has stated that Martinez was his friend and that the incident has deeply affected him.
Prosecutors reviewing potential criminal charges
The reduced fine occurred as Clermont County prosecutors evaluate whether to pursue criminal charges related to the collapse. OSHA’s findings remain under review as part of the ongoing investigation.
The three men were installing corrugated pipe when the trench collapsed, according to Miami Township Fire Chief Dave J. The trench measured approximately 8 feet deep, exceeding the 5-foot threshold requiring protective measures under federal safety standards.
Baumgardner has not publicly commented beyond his statements to investigators and the Cincinnati Enquirer.