Workers assigned to replace a storm drain at an Ohio construction site raised alarms that the trench they were working near had grown dangerously deep. Federal investigators say those concerns were ignored, and the crew was ordered inside anyway — just minutes before the trench gave way, killing one worker and leaving two others with serious injuries.
Jose Alberto Barajas Martinez, 28, died in the Dec. 5 trench collapse near Milford. An OSHA investigation later determined that the trench, which was about 8 feet deep, lacked required cave-in protection, even though federal workplace safety rules mandate protective systems for trenches deeper than 5 feet, according to records obtained by the Cincinnati Enquirer.
Whispering Creek LLC, the landscaping company involved in the job, received citations for five safety violations and was initially assessed a $231,714 fine, the report said. That penalty was later lowered to $49,000 while Clermont County prosecutors review whether criminal charges may be warranted.
A trench collapsed while three workers attempted to install piping near Milford, Ohio, on Dec. 5, 2025. One worker was killed while the two others were seriously injured. First responders can be seen at the scene of the collapse. (FOX19 Cincinnati WXIX)
Company owner David Baumgardner was present at the job site and was aware of the trench’s depth and configuration, the newspaper reported. He also told investigators he had used cave-in protection systems on earlier projects.
When investigators asked why a trench box was not used, Baumgardner said the workers were not deep enough to require one.
OSHA investigators accused Baumgardner of acting with “conscious disregard,” saying he understood the trench safety requirements but did not follow them. They also pointed to his statement about the trench’s depth as evidence of “plain indifference,” according to the paper.
Baumgardner told the newspaper that Barajas Martinez had been his friend and that the fatal collapse had profoundly 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.
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.
