Abstract: At approximately 12:10 a.m. on September 20, 1991, Employee #1 was driving a Yale forklift to move filled cartons of processed almonds into a warehouse from a dumper. Employee #1 had been working with two coworkers, one of whom was driving a forklift and was responsible for filling the dumper, taking the empty bins down, and putting empty cartons under the dumper. The carton to be filled was the last one the employees had to do for the night. Employee #1 drove away with a filled carton. The coworker with the forklift drove an empty carton under the dumper and dismounted the forklift. As he and the other coworker positioned the carton, Employee #1 for some reason drove past his coworkers, started to make a circle, then raised the forks 10 feet from the base of the forklift. As he attempted to make a sharp turn, the lift's center of gravity shifted due to the raised forks, and the forklift tipped over. Employee #1 was thrown out of his seat and crushed to death by the lift's canopy. This forklift did not have ROPS, thus seat belts were not required. Driving with the forks up is against company rules. Although forklift drivers are trained and safety rules are enforced, a general violation of T8CCR 3664(a)(15) was issued. There was a violation, but no way the employer could have known Employee #1 would violate the rule.