Texas Contractor, Superintendent Indicted in 2021 Fatal Trench Collapse

It has come to the fore that a Texas construction company has been charged with felony criminal negligent homicide after a worker died in a trench collapse dating back to 2021. The accused company’s project superintendent has also been charged.

The U.S. Occupational Safety & Health Administration has revealed that two workers had been sent back inside a 13-foot-deep trench even after they had survived a cave-in on October 23, 2021. The men were ordered to enter the trench to install a residential sewer. The incident occurred in Austin and no protective measures were adopted to ensure the safety of the workers in case a second cave-in occurred while the men were working in the trench.

The incident claimed the life of Juan José Galvan Batalla who ended up being buried underneath the soil and debris. The 24-year-old worker could not survive the second cave-in and ended up being hospitalized due to the injuries he sustained. A week later, he died. The other worker however survived the trench cave-in but still sustained injuries.

D Guerra Construction LLC of Austin was cited with five violations in 2022. It included a citation for no cave-in protection. It was also cited by OSHA for water in the bottom of the trench. The citation made by Occupational Safety and Health Administration Agency proposed penalties worth $243,406. However, the amount was later reduced to $140,000.

The OSHA agency had then sent the case to the Travis County District Attorney’s Office. D Guerra Construction and its project superintendent were indicted by the grand jury. Carlos Alejandro Guerrero, the project superintendent, faced indictment charges stemming from criminal negligent homicide, as confirmed by District Attorney, José Garza.

OSHA Regional Administrator Eric Harbin in a statement said:

“Despite a partial trench collapse earlier in the day, D Guerra Construction LLC recklessly sent employees back into the excavation without protective measures to prevent another cave-in.” Harbin maintained that the “loss of this worker’s life was preventable.”

D Guerra Construction has faced two more citations by OSHA involving trench violations other than the fatal cave-in incident of 2021.  

D Guerra Construction and Guerrero will be facing two charges filed in separate courts.

Garza maintained that the office would do all it takes to ensure accountability. “When employers engage in criminal conduct and expose their employees to hazardous working conditions, this office will hold them accountable.”

He also expressed regrets over the death of the worker, adding “Our hearts continue to break for the Galvan Batalla family.”

OSHA’s Harbin praised the work of “the Travis County District Attorney’s office for seeking accountability for those responsible.” He also vowed that “the Labor Department will continue to work closely with local prosecutors to bring justice to employers who fail to protect their employees.”

Incidents involving the filing of criminal charges for fatal trench collapses are seldom reported. In such incidents, injuries or deaths are very much preventable if the company ensures a trench box is being used to prevent an accident from happening.

Don’t forget to subscribe to our YouTube channel for more equipment offers and insights into the industry.