Little information has been released as investigations into the Miami Township trench collapse that killed a man continue.
On Dec. 5, three men were working in a trench installing underground piping to manage water runoff when the trench collapsed, according to Miami Township Fire Chief Dave Jetter.
On the night of the collapse, Jetter said the trench had no trench box, a protective tool required by OSHA when working in deep trenches.
The company contracted for the project at 1187 Valley Forge Road was Ohio-based Luxury Pools by Whispering Creek.
Investigations by the Miami Township Police Department and the Clermont County coroner’s office continue.
The Occupational Health and Safety Administration, which enforces health and safety regulations in workplaces, is also investigating. The time it takes for the agency to complete an investigation can be anywhere from a few weeks to a few months, although the agency must issue a citation and proposed penalty no later than six months after the incident.
The prosecutor’s office has declined to share any information including whether charges have been filed after the collapse or the name of the man who died, citing the ongoing investigation.
Sherry Drake, a clerk with Miami Township police, said on Jan. 9 that no charges have been filed.
It is the responsibility of the prosecutor’s office to file charges.
The Enquirer requested an autopsy report from the Clermont County Coroner’s Office, but the request was forwarded to the prosecutor’s office and denied since it hasn’t been completed.
An OSHA representative did not share any information regarding its investigation.
Most new construction projects require a permit regardless of whether the job is on public or private property, according to a Clermont County spokesperson.
The county’s Building Inspection Department issues construction-related permits to ensure projects are completed in compliance with State Building Code and applicable local regulations, according to the spokesperson. The department sends inspectors to job sites to confirm this compliance.
Water management and sediment control projects do require a permit, according to Clermont County’s frequently asked questions webpage.
The spokesperson said there is no current permit in the county’s records for the site of the collapse.
We asked specifically if the water management project that led to the collapse needed a permit and the county spokesperson said, “We can’t comment on specifics about the project that resulted in this tragic accident because we have no building permit on file associated with it nor do we have jurisdiction over safety regulations on projects for which we issue permits.”
Who was the worker killed in the collapse?
A GoFundMe created by Brenda Martinez identifies the man who died in the collapse as her nephew, Jose Alberto Barajas Martinez, 27. The Enquirer reached out to Martinez through the GoFundMe on Dec. 30 and did not get a response.
On Dec. 12, Clermont County Prosecutor Mark J. Tekulve released a statement saying his office would not identify the person based on Marsy’s Law, which allows crime victims to opt to have their names withheld from public release.
However, Marsy’s Law does not apply if the victim died as a result of the a criminal act.
This story will be updated.
This article originally appeared on Cincinnati Enquirer: Trench collapse investigations ongoing. Here’s what we know
Reporting by Gillian Stawiszynski, Cincinnati Enquirer / Cincinnati Enquirer
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