Workers at an Ohio construction site expressed concerns over the hazardous depth of a trench dug for storm drain replacement. Despite their warnings, federal authorities revealed that they were ordered to proceed, moments before the trench gave way, tragically claiming one life and leaving two others gravely injured.
On December 5, 28-year-old Jose Alberto Barajas Martinez lost his life in a trench collapse near Milford. The Occupational Safety and Health Administration (OSHA) later discovered that the trench, approximately 8 feet deep, was inadequately protected against collapses, defying federal regulations that mandate safety measures for trenches exceeding 5 feet in depth, stated records from the Cincinnati Enquirer.
Cited for five safety infractions, Whispering Creek LLC, the landscaping firm at the heart of the incident, originally faced a fine of $231,714, as per reports. This penalty was later reduced to $49,000, while prosecutors in Clermont County weigh potential criminal proceedings.
On December 5, 2025, a catastrophic trench collapse occurred in Milford, Ohio, during an attempt by three workers to lay down piping. This incident resulted in one fatality and left two seriously injured. Emergency responders were rapidly deployed to manage the situation. (FOX19 Cincinnati WXIX)
David Baumgardner, the proprietor of the company, was present at the site on the day of the collapse and was familiar with the trench’s specifications, according to reports. He acknowledged to investigators that he had implemented safety barriers against cave-ins on prior projects.
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.
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.
FILE – Miami Township Fire and EMS responded to a technical rescue involving trapped workers on Dec. 5, 2025. In this photo, first responders from Miami Township are seen responding to a different incident. (Facebook/Miami Township Fire & EMS)
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.