The Occupational Safety and Health Administration has issued a series of citations to a Pennsylvania contractor following a deadly incident at a job site in Chambersburg. According to the Department of Labor, the agency investigated J.D. Wagoner Excavating, owned by Jonas David Wagoner, after a worker died during a trench collapse on April 2, 2026. The investigation found that a storm sewer system was being built by employees 12 feet underground, lacking mandatory protections against trench collapses. When the trench wall gave way, a worker was trapped by the soil.
Regulators have identified several significant safety lapses. The agency cited the employer for a willful violation due to the lack of protective measures against soil collapse. Furthermore, the contractor received two repeat violations, specifically for failing to designate a competent person to perform mandatory daily inspections and for neglecting to remove workers from the dangerous environment.
Beyond these major findings, the company faces three serious violations regarding worksite protocols. OSHA reported that the contractor failed to provide essential construction hazard prevention training. The investigation also noted that the site lacked safe exit points for workers. Furthermore, the contractor failed to store excavated dirt a minimum of two feet from the trench rim. The firm also neglected to secure side materials against potential collapse.
In light of these findings, the agency has proposed $254,884 in penalties. Following the receipt of these formal citations, the employer is afforded 15 business days to respond. The firm can schedule an informal conference with the local area director. Alternatively, it may contest the findings and penalties at the Occupational Safety and Health Review Commission.
For insurance professionals, this case underscores the critical nature of rigorous safety training and site management in high-risk construction activities. Trenching incidents frequently carry heavy liability risks. Contractors and their insurers face severe financial and regulatory penalties if federal rules for soil protection and competent supervision are ignored. Proper adherence to established safety programs remains the primary defense against such preventable workplace fatalities.
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Source: U.S. Department of Labor
