Vol. I · No. 19

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The daily brief · No. 4

Tuesday, October 13, 2026

OSHA cites J.D. Wagoner Excavating after fatal 12-foot trench collapse

By Carter Josephson · Filed 5:08 AM MDT MT

OSHA cited J.D. Wagoner Excavating after a fatal 12-foot trench collapse. If your crews dig 5 feet or deeper, confirm trench protection and the daily inspection are in place before anyone goes into a trench today.

In this brief

  1. 1OSHA cites J.D. Wagoner Excavating after fatal 12-foot trench collapseTry it
  2. 2Zapier fixes bug that broke some Custom Actions and MCP requests from Oct. 7 to Oct. 12Ignore
  3. 3FTC gets Gildan and S&S to drop exclusive-discount clause, second pricing case in 2 weeksIgnore
  1. OSHA cites J.D. Wagoner Excavating after fatal 12-foot trench collapse

    If your crews dig sewer laterals, water lines or footings 5 feet or deeper, this case is a reminder to check trench protection and daily inspections before a citation does.

    By Carter Josephson · · Share this item

    What happened

    On Oct. 7, 2026, OSHA cited J.D. Wagoner Excavating of Chambersburg, Pa., for one willful, two repeat and three serious violations after a worker died when a 12-foot storm sewer trench collapsed, and proposed $254,884 in penalties. The citations include no protective system against cave-ins and no competent person assigned to inspect the trench daily.

    What it means for a 10-to-50-person business

    The rule is long-standing: a trench 5 feet or deeper needs sloping, shoring or a trench box unless it is entirely in stable rock, and a competent person must inspect it daily. Nothing new takes effect this month; the case is a reminder of what a miss costs. Take an 18-person plumbing shop with two crews replacing sewer laterals at 6 to 8 feet. Assume a trench box rents for $200 a day and the shop digs 40 days a year: $8,000. That is far less than this case's proposed $254,884, before lost days on a stopped job. Penalties are proposed and can be contested, so the final amount may differ. Plumbers, excavators, general contractors and landscapers doing drainage or irrigation mains should care. HVAC service shops, cleaners, accounting firms, law firms and agencies can ignore this.

    What to do
    Try it

    This month, check that every crew that digs past 5 feet has a trench box or shoring plan and a named competent person, and add a required pre-dig inspection checklist with photos to those jobs in your field-service app.

    What it costs
    What it costs
    Trench box rental, assume $200/day × 40 dig days
    $8,000/yr
    Competent-person training, assume 2 foremen × $400
    $800 one-time
    Pre-dig checklist setup in your field-service app
    2 hrs (≈ $100 at $50/hr)
    Daily inspections, 15 min × 40 dig days
    10 hrs/yr (≈ $500 at $50/hr)
    Doing nothing
    $0 now; this case drew $254,884 in proposed penalties, plus the risk of a fatality
    Sources
    osha.gov (primary) · OSHA: Trenching and Excavation Safety · OSHA: Penalties
  2. Zapier fixes bug that broke some Custom Actions and MCP requests from Oct. 7 to Oct. 12

    If a Zap uses a Custom Action or an AI assistant runs Zapier through MCP, some runs may have failed for five days and need redoing by hand.

    By Carter Josephson · · Share this item

    What happened

    Zapier says a deploy starting October 7 caused some outbound Custom Actions and Zapier MCP requests to include duplicate query parameters, which a subset of connected apps rejected even when inputs were valid. A fix went out on October 12 at 09:40 UTC; Zapier says standard app actions in Zaps were not affected and it has found no evidence of data loss.

    What it means for a 10-to-50-person business

    Most Zapier users can skip this. Standard app actions, the prebuilt steps most Zaps use, were not affected. It matters only if a Zap uses a Custom Action, the step you build yourself against an app's API, or if you connect an AI assistant to your apps through Zapier MCP. Example: a 15-person accounting firm uses a Custom Action to create a client record in its practice-management software for each intake form. Assume 6 new clients a day. Over the four working days from Wed. Oct. 7 to Mon. Oct. 12, up to 24 records may never have been created, if that app was one that rejected the duplicated parameters. Zapier says not every app or request failed, and its status page does not say failed runs were retried. So the gap is yours to find. The likely damage is quiet: an intake that never reached the client list, or an invoice or job that was never created.

    What to do
    Ignore

    Nothing needs changing, but if any Zap uses a Custom Action or you use Zapier MCP, filter Zap history for errored runs from Oct. 7 to Oct. 12 this week and rerun or re-enter the ones that matter.

    What it costs
    What it costs
    Zapier plan or setup change
    $0
    Checking Zap history for Oct. 7–12 errors
    30 min (≈ $25 at $50/hr)
    Re-entering missed records, assume 24 × 3 min
    1.2 hrs (≈ $60 at $50/hr)
    Doing nothing
    $0 now; any requests rejected Oct. 7–12 stay undone until someone notices a missing record
    Sources
    status.zapier.com (primary) · Zapier Support: get help
  3. FTC gets Gildan and S&S to drop exclusive-discount clause, second pricing case in 2 weeks

    The FTC is enforcing a 1936 price-discrimination law again, and that matters if a supplier gives bigger rivals better terms than you get.

    By Carter Josephson · · Share this item

    What happened

    On Oct. 8, 2026, the FTC said T-shirt maker Gildan Activewear and wholesale distributor S&S Holdings amended a contract that had barred Gildan from offering S&S's pricing and discounts to S&S's competitors, and the agency closed its Robinson-Patman Act investigation. The FTC said the matter builds on last week's Robinson-Patman settlement with Southern Glazer's Wine and Spirits, the first such case resolved by a federal enforcement agency in over 20 years.

    What it means for a 10-to-50-person business

    For most trades and service firms, nothing changes this month. The FTC did not order any price cut and did not say what shirts will cost. The signal is that the FTC is again using the Robinson-Patman Act, which generally bars sellers from charging higher prices to smaller buyers who compete with bigger ones for the same goods. Take a 25-person agency that resells branded Gildan shirts to clients through a smaller distributor. Assume it buys 2,000 blanks a year at $4 each, or $8,000. If that distributor can now get the same discounts S&S gets, a 5% cut would save $400 a year. That figure is an assumption, not an FTC number. A 30-person cleaning company buying uniforms is a purchaser, not a reseller, so it is unlikely to see any direct effect. Who should care: firms that resell goods and compete with larger buyers, including promo-merch agencies and contractors who resell parts and fixtures. Everyone else can ignore this.

    What to do
    Ignore

    Take no action this month unless you resell goods and a supplier tells you a contract stops it from matching a bigger rival's discount, in which case write down the details and ask your lawyer whether to file an FTC antitrust complaint.

    What it costs
    What it costs
    FTC-ordered price change
    none stated
    Possible saving, assume 2,000 blanks × $4 × 5% discount
    ≈ $400/yr (assumption, not guaranteed)
    Reviewing your main supplier terms
    1 hr (≈ $50 at $50/hr)
    Filing an FTC antitrust complaint
    $0 to file; lawyer time extra
    Doing nothing
    $0; no deadline
    Sources
    ftc.gov (primary)

Also happened

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