US Department of Labor cites Pennsylvania excavation employer for failing to provide trench protection following fatal trench cave-in

CHAMBERSBURG, PA - The U.S. Department of Labor has cited an excavation contractor for willful and serious safety violations after a young worker was fatally injured in a trench collapse.

The department's Occupational Safety and Health Administration opened an investigation into Jonas David Wagoner - doing business as J.D. Wagoner Excavating - on April 2, 2026, 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.

In addition, the employer received three serious violations for failure to provide construction hazard prevention training to employees, establish a safe means for workers to exit the excavation site, keep materials at least two feet from the edge of an excavation site, and restrain side materials from becoming roll-in hazards.

OSHA proposed $254,884 in penalties.

The employer has 15 business days from receiving receipt of its citations and penalties to request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. Please check the OSHA establishment search page periodically for any changes in the inspection or penalty status.

Visit OSHA's website to learn about keeping 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.