Abstract: On April 28, 1992, workers were installing 30 in. diameter storm drainage. An excavator was being operated at the trench's southern end and a backhoe was being operated at the trench's east wall. Only 17 in. separated these pieces of equipment. Each operator was establishing a spoil pile between them. Employee #1 signaled the backhoe operator to stop briefly so he could approach. He then walked up to the trench's edge, near the backhoe's right rear tire. Unaware that Employee #1 had entered the area, the excavator operator swung his bucket upward and to the right to deposit the excavated soil. The bucket struck Employee #1 and pinned him against the backhoe's right rear tire. Employee #1 sustained fractured ribs and was transported by ambulance to a local hospital. There is no evidence to support that Employee #1 had been trained in the hazards of working near heavy equipment. The operators had not been trained by the company on the safe use of heavy equipment.