CHAMBERSBURG, PA — A Pennsylvania excavation contractor faces $254,884 in proposed federal penalties after a worker was killed in an unprotected trench collapse, with regulators citing willful and repeat safety violations involving excavation safeguards and workplace hazard inspections.
The U.S. Department of Labor’s Occupational Safety and Health Administration cited Jonas David Wagoner, doing business as J.D. Wagoner Excavating, following an investigation opened April 2, 2026.
OSHA determined that employees were installing a storm sewer system approximately 12 feet below ground level in a trench without adequate protection against cave-ins.
A section of the trench wall collapsed, engulfing a worker in soil and causing fatal injuries.
The agency issued a willful violation for failing to protect employees from trench cave-ins. A willful classification indicates that OSHA believes an employer knowingly disregarded a legal safety requirement or acted with indifference to worker safety.
OSHA also issued two repeat violations involving the failure to designate a competent person to conduct daily trench inspections and remove employees from hazardous conditions.
Federal excavation standards require employers to assess trench conditions and implement appropriate protective measures to prevent workers from being buried by collapsing soil.
The contractor received three additional serious violations involving construction hazard training, safe access and exit from excavations, and the placement or restraint of materials near trench edges.
OSHA cited deficiencies involving materials positioned within two feet of an excavation edge and materials that could roll or fall into the work area.
The findings expose the contractor to proposed penalties totaling $254,884, subject to the federal citation review and contest process.
Wagoner has 15 working days after receiving the citations and proposed penalties to request an informal conference with OSHA’s area director or challenge the findings before the independent Occupational Safety and Health Review Commission.
Support the local news that supports Chester County. MyChesCo delivers reliable, fact-based reporting and essential community resources—free for everyone. If you value that, click here to become a patron today.