An Ohio construction worker died while working inside a storm drain after federal investigators found the job site had become “deep and dangerous.”
Jose Alberto Barajas Martinez, 28, was killed while helping replace a storm drain in an eight-foot trench that collapsed at a Milford work site, according to records.
The December 5 trench collapse also injured two other workers who were installing corrugated pipe in the yard of a residential property, federal records obtained by the Cincinnati Enquirer said.
When emergency crews arrived, they found one worker unconscious and fully buried, while two others were partially buried but alert, Miami Township Fire Chief Dave Jetter told Fox News at the time.
The trench remained so unstable that firefighters could not safely enter right away. Rescuers instead removed soil bucket by bucket as they worked to reach and recover the men.
Emergency responders later told investigators that one survivor sustained eight fractures, while the other suffered two fractured ribs. Both men also had arterial, cardiac and lung injuries, according to the outlet.
The injured workers also developed rhabdomyolysis, a serious condition in which damaged muscle tissue breaks down and releases harmful substances into the bloodstream.
Investigators from the Occupational Safety and Health Administration determined that the excavation lacked cave-in protections required under federal workplace safety rules, the outlet reported.
Jose Alberto Barajas Martinez, 28, died while replacing a storm drain in an eight-foot trench that collapsed at a Milford job site
The tragedy on December 5 injured two other workers while they were installing corrugated pipe in a residential yard. Emergency responders said one victim suffered eight fractures while the other was left with two fractured ribs
David Baumgardner, the owner of the 37-year-old company, said he thought of Barajas, whose memorial is pictured, as a friend
The company did not conduct acceptable inspections of the worksite and did not properly train workers to identify hazards or provide a safe exit and did not keep the excavated soil and equipment at a safe distance, investigators alleged, according to the outlet.
The Whispering Creek worksite was found to have had no ladders in the trench as the workers were rescued by emergency services, according to investigators.
Agency standards require worksites to use protective systems such as a trench box, sloping or shoring for all trenches deeper than five feet, the outlet reported.
The trench was found to have had none of these in place, investigators said.
Whispering Creek LLC, which provides landscaping and pool installation services, were served with five violations, proposing penalties totaling $231,714 before a settlement brought the total down to $49,000, records seen by the outlet showed.
David Baumgardner, the owner of the 37-year-old company, said he thought of Barajas as a friend.
‘I actually saved one of the workers myself,’ he told the outlet. ‘You try to provide an opportunity for people to make a better life for themselves, and it can ruin your whole life personally.’
Baumgardner allegedly had knowledge of the depth and layout of the collapse due to his being on the worksite, agency investigators found.
The company owner said he had used cave-in protections previously, but investigators said he had showed ‘conscious disregard’ by failing to provide and apply them
The Whispering Creek worksite was found to have had no ladders in the trench as the workers were rescued by emergency services
The company owner said he had used cave-in protections previously, but investigators said he had showed ‘conscious disregard’ by failing to provide and apply them, the outlet reported.
Records indicated that Whispering Creek had not been previously inspected or cited by the agency, according to the Enquirer.
Jaime Barajas, the father of Barajas Martinez, was identified as one of the survivors of the incident, a GoFundMe said.
Baumgardner told the outlet that the employees have been paid compensation and that he expected felony charges.
‘We helped them out as much as we can,’ he noted.
Baumgardner added that one survivor has since returned to work while the other is still recovering.
A police report from the incident lists possible charges of reckless homicide and negligent assault. No charges have yet been filed.
The Clermont County Prosecutor’s Office is reviewing the case.
The Daily Mail reached out to Whispering Creek and Baumgardner for further comment.
