Workers at an Ohio excavation site reportedly warned that a trench had become dangerously deep shortly before they were told to enter it. The trench collapsed near Milford on Dec. 5, 2025, killing 28-year-old Jose Alberto Barajas Martinez and seriously injuring two other workers. Federal investigators later found that the approximately 8-foot-deep excavation lacked required cave-in protection.
Whispering Creek LLC, the landscaping company performing the work, received five safety violations and an initial proposed penalty of $231,714. That penalty was later reduced to $49,000 while Clermont County prosecutors review whether criminal charges are warranted.
| 1) | Warnings about the trench depth |
| 2) | The collapse near Milford |
| 3) | Federal safety findings |
| 4) | Rescue and injuries |
| 5) | Penalty and possible charges |
Warnings about the trench depth
The workers were replacing a storm drain and installing corrugated piping in a residential yard near Milford, Ohio, on Dec. 5, 2025. According to federal investigative records, workers warned that the trench was too deep and had become dangerous. They were nevertheless directed to enter the excavation minutes before it failed.
Company owner David Baumgardner was present at the site and knew the trench’s depth and layout, investigators said. Baumgardner told investigators that he had used cave-in protection on earlier jobs but said the workers were not deep enough to require a trench box. He later told investigators that Jose Alberto Barajas Martinez had been his friend and said, “I actually saved one of the workers myself.”
The collapse near Milford
The excavation collapsed at approximately 3:30 p.m. while three men were working inside. The collapse completely buried one worker and left the other two awake but partially buried. Emergency crews from Miami Township responded, but the unstable trench was initially too dangerous for firefighters to enter.
Miami Township Fire Chief Dave Jetter said crews provided oxygen and heated blankets while waiting for equipment to stabilize the excavation. Rescuers then removed soil bucket by bucket. One worker was pronounced dead, and it took approximately six hours to free both survivors.
Federal safety findings
The Occupational Safety and Health Administration determined that the trench was about 8 feet deep and had no system to protect workers from a cave-in. Federal rules generally require protective measures for trenches deeper than 5 feet, unless specific exceptions apply. Investigators also said ladders visible in the excavation were brought in during the rescue and were not present when the workers entered.
OSHA cited the company for inadequate trench inspections and insufficient worker training. The agency also found that excavated soil and equipment had been kept too close to the trench edge, increasing the hazards around the excavation. Investigators accused the company owner of conscious disregard for known safety requirements and characterized his explanation about the trench depth as evidence of plain indifference.
Rescue and injuries
The rescue operation required specialized equipment because entering the collapsed trench immediately could have caused further movement of the soil. Firefighters worked carefully to expose the trapped men while maintaining support around the excavation. The response focused on keeping the survivors alive until they could be safely removed.
One survivor suffered eight fractures, while the other sustained two broken ribs. Both also experienced serious internal injuries. A family fundraising campaign identified one of the survivors as Jaime Barajas, the father of Jose Alberto Barajas Martinez. Baumgardner said one survivor had returned to work while the other continued to recover.
Penalty and possible charges
OSHA initially assessed $231,714 in penalties against Whispering Creek LLC for five violations. The amount was later reduced to $49,000 as the Clermont County Prosecutor’s Office considers possible criminal charges connected with the collapse and death.
A Miami Township police report listed reckless homicide and negligent assault as possible charges. Baumgardner said he expected felony charges, but no charges had been listed as of Aug. 14, according to the reported records. The prosecutor’s office is reviewing the case, so the final legal outcome remains unresolved.
| Number | Key Point |
|---|---|
| 1 | A roughly 8-foot trench collapsed near Milford on Dec. 5, 2025. |
| 2 | Jose Alberto Barajas Martinez died and two workers were seriously injured. |
| 3 | Investigators found no required cave-in protection, inadequate inspections and insufficient training. |
| 4 | The rescue took about six hours after the unstable trench was stabilized. |
| 5 | A reduced $49,000 penalty is pending while prosecutors review possible charges. |
Summary
The Ohio trench collapse highlighted alleged failures to follow federal excavation safety rules after workers reportedly raised concerns about the trench’s depth. The death, severe injuries and lengthy rescue prompted OSHA violations and a criminal review by Clermont County authorities. No criminal charges had been listed as of Aug. 14, and the investigation remains ongoing.
Frequently Asked Questions
When did the Ohio trench collapse occur?
The collapse occurred at approximately 3:30 p.m. on Dec. 5, 2025, near Milford, Ohio.
How deep was the trench?
Federal investigators found that the trench was approximately 8 feet deep, exceeding the 5-foot threshold at which federal rules generally require cave-in protection.
What happened to the workers?
Jose Alberto Barajas Martinez died in the collapse. Two other workers survived but suffered serious injuries, including fractures, broken ribs and internal injuries.
Are criminal charges pending?
The Clermont County Prosecutor’s Office is reviewing the case. A police report listed reckless homicide and negligent assault as possible charges, but no charges had been listed as of Aug. 14.
