Abstract: At approximately 8:45 p.m. on August 18, 1997, Employee #1, an oiler with four years of experience, parked his service truck to the left rear of a hydraulic shovel, to check it out in preparation for the night shift. He finished servicing the machine, then told the shovel operator, who had five months of experience, to start it up and he would check for leaks. The operator started the shovel and warmed it up to build hydraulic pressure. Employee #1 put away his hose and ladder, checked the shovel for leaks, then returned to the cab of his service truck, from where he checked the shovel one last time for leaks. Meanwhile, the shovel operator picked up the shovel bucket and swung the cab to the right to check that area prior to moving forward. The shovel counterweight swung into the service truck cab, crushing the roof. Employee #1 was pinned to the steering wheel by the crushed truck roof and suffered severe chest injuries. Five coworkers witnessed the accident, radioed the shovel operator to stop, and helped remove Employee #1 from the service truck cab. Employee #1 told them that his legs and chest were hurting. The Kern County Fire Department responded and arranged air transport to San Bernardino County Hospital. The shovel operator later stated that he had thought Employee #1 had left the area, and that he had honked the shovel's horn two different times before moving the shovel bucket. Employee #1 later stated that he had not heard the shovel's horn. There was no indication that Employee #1 and the shovel operator had been in radio contact.