Excavation safety remains a critical concern for contractors working below grade, where unprotected trenches can expose crews to sudden soil collapse and other hazards. The U.S. Department of Labor’s Occupational Safety and Health Administration cited Jonas David Wagoner, doing business as J.D. Wagoner Excavating, following a fatal trench incident in Chambersburg, Pennsylvania.
OSHA began its investigation April 2, 2026, after a worker was fatally injured while crews were installing a storm sewer system approximately 12 feet below ground. A section of the trench wall failed, allowing soil to engulf the worker.
OSHA determined that the trench lacked adequate protection against cave-ins. The agency issued a willful violation related to the failure to protect workers from trench collapse.
The inspection also resulted in two repeat violations. These involved failing to designate a competent person to conduct required daily trench inspections and failing to remove employees from hazardous conditions.
Three additional serious violations involved construction hazard prevention training, providing a safe means of entering and exiting the excavation, keeping materials at least 2 feet from the excavation edge and preventing materials alongside the trench from becoming roll-in hazards.
OSHA proposed $254,884 in penalties in connection with the violations.
The case underscores the need for excavation contractors to evaluate trench conditions continuously as work progresses. Competent-person inspections, appropriate protective systems, safe access and egress, and proper management of materials around excavation edges are key elements of trench safety.
J.D. Wagoner Excavating has 15 business days after receiving the citations and penalties to request an informal conference with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission.
Trench collapses can occur with little warning and can result in fatal injuries even during routine utility and storm sewer work. The OSHA action highlights the importance of maintaining compliant protective systems and conducting daily inspections whenever workers enter excavations.
Source: U.S. Department Of Labor.
