At a job site in Ohio, workers replacing a storm drain warned that a trench was too deep. Investigators reported they were still ordered to enter it. The trench collapsed soon after, killing one worker and seriously injuring two others.
Jose Alberto Barajas Martinez, 28, lost his life during the December 5 collapse near Milford. According to records from OSHA obtained by The Cincinnati Enquirer, the trench was about 8 feet deep but lacked proper cave-in protection. Federal rules demand safeguards for trenches over 5 feet deep.
The landscaping company involved, Whispering Creek LLC, faced five safety violation citations, initially fined $231,714. The penalty was later reduced to $49,000 as prosecutors in Clermont County consider criminal charges.
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 aware of the trench’s depth and configuration. He told investigators he had used safety measures on previous projects. Baumgardner justified the lack of a trench box by claiming it wasn’t necessary due to the trench’s depth.
Investigators accused Baumgardner of showing a “conscious disregard” for safety rules. They cited his excuse about the trench’s depth as evidence of “plain indifference.” Baumgardner expressed his distress over the incident, stating that Barajas Martinez was his friend and saying, “I saved one of the workers myself.”
During the incident, the workers were laying corrugated pipe in a residential yard. Firefighters found one worker fully buried and unconscious, and the other two were conscious but partially buried. Miami Township Fire Chief Dave Jetter reported the conditions were too dangerous for immediate entry. Firefighters provided oxygen and heated blankets until the excavation could be stabilized.
They rescued the trapped workers one bucket at a time. Sadly, one man was pronounced dead, and the rescue of both survivors took six hours.
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’s investigation revealed ladders, seen during the rescue, were not in place when the collapse occurred. Whispering Creek was also faulted for failing to conduct adequate inspections and for insufficient worker training. The company was cited for leaving excavated soil and equipment too close to the trench edge.
One survivor suffered eight fractures, while another sustained two broken ribs and internal injuries. A family GoFundMe named one survivor as Jaime Barajas, the father of Barajas Martinez.
Baumgardner stated that one survivor has returned to work; the other is still healing. A police report from Miami Township listed charges like reckless homicide and negligent assault as possibilities. However, as of August 14, no felony charges were filed.
The Clermont County Prosecutor’s Office continues to review the case.