Abstract: At approximately 8:15 a.m. on June 6,1994, Employee #1, a construction trades employee for Sunrise Bobcat and Hauling service, was struck by the backhoe's bucket and pinned against the trench's wall. He suffered fractures in his left pelvis and was taken to a medical center for emergency treatment. Employee #1 and a co-worker were digging the footing for a ball wall, 4 foot wide by 3 foot deep by 13 foot long, with a large backhoe at a school's playground. The backhoe operator was shaving the right side of the trench with his bucket. Employee #1 jumped inside the trench to measure the bottom of the trench. While the backhoe operator was looking behind, the bucket struck the victim, then pinned him against the trench's wall. The backhoe had been in operation while the employee was working inside the trench, and there were no effective communication between the two employees. The employer failed to enforce the code of safe practices, and the means for warning were not adequate.