Abstract: Two employees were painting the underside of an elevated subway structure from a catenary scaffold. The scaffold, approximately 12 ft above the roadway, was struck by an 18 wheel tractor trailer that had gotten past the traffic cones and flagman at the intersection. Employee #1 fell from the scaffold and hit his head on the roadway. He was taken to the hospital and died 4 days later due to head injuries. Employee #2, who had his safety belt hooked, did not fall and suffered only minor injuries. He was not transported to the hospital. According to NYC DOT requirements, the flagman had to open the street to buses and emergency vehicles.