The U.S. Department of Labor has cited excavation contractor J.D. Wagoner Excavating following a fatal trench collapse that claimed the life of a young worker.
The Occupational Safety and Health Administration opened an investigation on 2 April 2026 into Jonas David Wagoner, operating as J.D. Wagoner Excavating.
Investigators found that employees were installing a storm sewer system approximately 12 feet below ground level in a trench without adequate protection against soil collapse.
A section of the trench wall subsequently failed, engulfing one worker in soil.
Excavation safety violations identified
OSHA issued one wilful violation for failing to protect employees against trench cave ins.
The contractor also received two repeat violations relating to the absence of daily trench inspections by a competent person and failure to remove workers from hazardous conditions.
Three serious violations were additionally issued concerning construction hazard prevention training, safe excavation access and measures to prevent materials from falling or rolling into the trench.
These included requirements to keep excavated materials at least two feet from the excavation edge.
OSHA proposes financial penalties
Following its investigation, OSHA proposed penalties totalling $254,884.
The contractor has 15 business days from receiving the citations and proposed penalties to request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.
The agency advises that inspection and penalty information may be updated as the enforcement process progresses.
