Abstract: At approximately 1:00 p.m. on May 27,1994, Employee #1, an asphalt cutter (earth driller) for Penhall Company, was struck from behind and pinned against his cutting machine by a 10-wheeler dump truck. The dump truck was maneuvering in reverse at the water pipe installation location. Employee #1 sustained multiple traumas to his head and left leg. Employee #1 was taken by flight helicopter to the hospital after preliminary examination and treatment. The accident occurred under the following circumstances: The truck was backing up on the opposite side of Employee #1's location to receive a load from an excavator. There was no one else present to guide or spot the truck driver who was backing up. The truck driver accidentally cut through the barricades and pushed the cutter into his cutting machine. The truck driver had been contracted by the general contractor to haul dirt and rock from the excavator. The truck driver had received training. The general contractor supervised, controlled and directed the driver and Employee #1 at the job site. No malfunction was found in the Penhall company's (the subcontractor) equipment and procedures. Instead, the general contractor was held culpable for an accident related violation.