Abstract: EMPLOYEE #1 WAS EMPLOYED AS A PORTER AT A RESTAURANT. HIS JOB WAS TO CLEAN THE ENTIRE RESTAURANT AFTER IT HAD CLOSED. HE WAS IN THE RESTAURANT ALONE FROM MIDNIGHT TO 5 AM, SEVEN DAYS A WEEK. ON THE NIGHT OF THE ACCIDENT, EMPLOYEE #1 FILLED A PLASTIC GARBAGE BAG WITH NITROUS OXIDE (LAUGHING GAS) AND PLACED IT OVER HIS HEAD. HE APPARENTLY PASSED OUT AND FELL TO THE FLOOR WITH THE PLASTIC BAG STILL SEALED OVER HIS HEAD. HE WAS DISCOVERED BY ANOTHER WORKER AT ABOUT 5 AM. THE NITROUS OXIDE WAS USED TO CHARGE THE WHIPPED CREAM DISPENSER. THERE WERE TWO CYLINDERS OF IT ON HAND IN THE STORAGE ROOM. CAUSE OF DEATH WAS DETERMINED TO BE ASPHYXIATION.