Abstract: At approximately 2:15 p.m. on February 7, 1994, Employee #1 was operating an excavator, Caterpillar model 235, with a thumb attachment for gripping items. He was moving a tank from one location to another so that the tank could be shipped or dismantled and scrapped. Employee #1 was working alone at this assignment; other employees were working at different locations at the facility. As Employee #1 tried to stand the tank on its legs, the tank slipped from the grasp of the thumb and fell to the ground landing on two legs. The tank then fell toward the excavator, and an angle iron that had been welded to the top of the tank in the previous location went through the windshield of the excavator and struck Employee #1 on the left foot and leg. The angle iron fractured his leg and foot and also pinned his foot between the controls of the machine and the angle iron on top of the tank.