UNITED STATES
DEPARTMENT OF LABOR

EMPLOYEE #1, WITH ANOTHER EMPLOYEE AND THE OWNER OF THE BUSINESS, WENT TO PICK UP SOME TRASH FROM THE DOCK AREA OF J C PENNY. THE DOCK AREA IS 18 FEET, 10 AND 1/2 INCHES WIDE AND 69 FEET LONG. THERE IS A DISTANCE OF 7 FEET FROM THE SIDEWALK BACK TO THE DOCK. THE TRUCK WAS BACKED PART WAY DOWN THE INCLINE BY THE OWNER AND THE MICRO BRAKE WAS SET. THE OTHER EMPLOYEE ENTERED THE BUILDING. EMPLOYEE #1 AND THE OWNER WERE JUST COMPLETING THE EMPTYING OF THEIR CONTAINERS WHEN THE OTHER EMPLOYEE CAME OUT OF THE BUILDING. HE NOTICED THE TRUCK ROLLING BACK TOWARD THE OTHER 2 MEN. HE YELLED "LOOK OUT". THE OWNER AVOIDED THE TRUCK BY MOVING TO THE SOUTH. EMPLOYEE #1 TRIED TO ESCAPE BY GOING BETWEEN THE TRUCK AND THE BRICK WALL. HE WAS STRUCK BY THE REAR OF THE TRUCK AND CRUSHED AGAINST THE BRICK WALL. THE OWNER JUMPED INTO THE TRUCK AND HIT THE BRAKES OF THE 1966 CHEVROLET TRUCK (MODEL HC 6, VIN NO. 65363229735, LIC. NO. DW 4743). EMPLOYEE #1 WAS ALREADY CRUSHED, HOWEVER. HE DIED ABOUT ONE HOUR LATER IN THE HOSPITAL. THE MICRO BRAKE FAILED.