Ohio Landscaping Company Owner Faced Safety Warnings Before Trench Collapse That Killed Worker

A fatal trench collapse near Milford, Ohio on December 5 claimed the life of Jose Alberto Barajas Martinez, 28, after workers raised concerns about dangerous conditions that were reportedly dismissed by management. Federal investigators determined that the roughly 8-foot-deep excavation lacked required protective measures against cave-ins, in direct violation of regulations mandating safeguards for trenches exceeding 5 feet in depth, according to records reviewed by the Cincinnati Enquirer.

Whispering Creek LLC, the landscaping contractor overseeing the storm drain replacement project, received citations for five safety violations and faced an initial penalty of $231,714, which was subsequently reduced to $49,000 as county prosecutors evaluate potential criminal charges. Company owner David Baumgardner was present at the work site and possessed knowledge of both the trench’s dimensions and structural layout, the Enquirer reported.

When questioned about the absence of protective equipment, Baumgardner claimed the excavation was insufficiently deep to warrant a trench box. Federal investigators concluded his actions demonstrated “conscious disregard” for established safety requirements and characterized his reasoning as evidence of “plain indifference” to worker protection protocols.

Three men were installing corrugated piping when the trench suddenly collapsed around 3:30 p.m., leaving one worker completely buried and two others partially trapped beneath debris. Rescue operations required approximately six hours to extract both survivors, one of whom was later identified as Jaime Barajas, the father of the deceased worker.

One survivor sustained eight fractures along with serious internal injuries, while the other suffered two broken ribs and comparable internal trauma. OSHA’s subsequent investigation revealed that ladders found in the trench had been positioned during rescue efforts and were not present when workers initially entered the excavation.

A Miami Township police report identified reckless homicide and negligent assault as potential charges, though no formal criminal charges had been filed as of mid-August. The Clermont County Prosecutor’s Office continues reviewing the case for possible felony charges against Baumgardner.