OSHA inspectors opened an investigation into Jonas David Wagoner – doing business as J.D. Wagoner Excavating – on April 2 and found workers were installing a storm sewer system 12 feet below ground level in a trench that was not adequately protected from soil collapse.
When a portion of the trench’s wall failed, the unrestrained soil engulfed one worker.
The agency issued a willful violation for failure to protect workers from cave-ins and two repeat violations for failing to assign a competent person to conduct daily trench inspections and removing employees from hazardous conditions.
Additionally, the employer received serious violations for failure to provide construction hazard prevention training to employees. Also, they need to establish a safe means for workers to exit the excavation site. They also need to keep materials at least two feet from the edge of an excavation site, and restrain side materials from becoming roll-in hazards.
Click here for OSHA’s web page about learning to keep workers safe around trenching and excavations.
Employers can also contact the agency for information about OSHA’s compliance assistance resources and for free help on complying with OSHA standards.

