Abstract: At 3:0 p.m. on November 22, 2019, Employee #1 was a construction laborer on the night crew, working as a fulltime employee for this employer. Employee #1 was standing alongside and under the G&Z paving machine, working in his required position when the paving machine is in operation and moving. Employee #1 was directly engaged in the operation of operating controls and levers to distribute the concrete from the ground to side to side. Employee #1 was on a crew laying down a stretch of lean base coat concrete (LBC), and the G&Z machine in this configuration runs faster than the other configurations. When the machine is set up in LBC mode, it runs approximately 15 feet/minute. The G&Z slip paving machine was operating without one of the mechanical drive guards in place. The employer took it off and had been running it this way for a while. Employee #1 was aware the guard was removed and questioned his supervisor but continued his duties. Employee #1 sustained an amputation to his big toe on the right foot. Employee #1 was hospitalized.