Abstract: At 10:30 a.m. on February 16, 2022, Employee #1, a landscape technician, was operating a mini- excavator (model CAT 302.7D CR and product identification number CAT3027DJLJ702031) about 2 feet away from the wall, digging a trench about 12 inches deep for a drain line at a construction job site of a landscaping company . There were three employees at the accident jobsite. Coworker #1, a landscaping laborer/lead was about 6-7 feet away, and coworker #2, a laborer, was about a 1,000 feet away from Employee #1 when the accident happened. Coworker #1 heard a push-like sound. Coworker #1 turned around and saw Employee #1 pressed against the building by the tractor. No one saw what happened just before the accident, but Coworker #1 assumes Employee #1 was stepping out of the mini-excavator cab without raising the hydraulic control lockout lever, and therefore Employee #1's left knee hit the joystick that caused the tractor to swing and pin the employee between the tractor and the adjacent building. Employee #1 sustained serious anoxic brain injury, traumatic cardiac arrest, left pulmonary hemorrhage with active bleeding, right 4th-6th rib fracture with flail segments, left 5th-6th rib fracture with flail segments, and severe bilateral pulmonary contusions, which all lead to Employee #1's death. The employer did not train and instruct the operator on Employee Operating Instructions of the tractor; more specifically, the employer did not instruct Employee #1 to raise the hydraulic control lockout when stepping out of the excavator.