CHAMBERSBURG, Pa. — Federal workplace safety officials have proposed $254,884 in penalties against a Franklin County excavating company after a trench collapse killed a 20-year-old worker from Smithsburg.
The U.S. Department of Labor announced the proposed penalties against Jonas David Wagoner, doing business as J.D. Wagoner Excavating, following an Occupational Safety and Health Administration investigation. The Guilford Township-based business was cited for one willful violation, two repeat violations and three serious violations.
Workers were installing a storm sewer 12 feet below ground level April 2 when part of the trench collapsed. The excavation lacked adequate protection against cave-ins, the Labor Department said.
Pennsylvania State Police identified the worker who died as Dalen Martin, 20, of Smithsburg.
OSHA issued the willful citation for failing to protect workers from cave-ins. The repeat citations involved failing to designate a competent person to conduct daily trench inspections and failing to remove workers from hazardous conditions, according to the Labor Department.
The serious citations addressed construction hazard prevention training, safe access out of the excavation and precautions to prevent materials near the trench’s edge from falling or rolling into it. Those precautions included keeping materials at least two feet from the edge, the department said.
The business has 15 days to request a conference or contest the findings. The penalties are proposed, not final.
