UNITED STATES
DEPARTMENT OF LABOR

Abstract: At approximately 2:30 p.m. on October 11, 1995, Employee #1 was helping with construction of a sewer line in at an approximately 26 1/2 ft long by 11 ft wide by 18 ft deep trench in which a 20 ft long by 10 ft wide metal shield had been installed. An open space had been left at the west side of the excavation where the foreman, who was also the excavator operator, was digging. He asked Employee #1 to be his spotter. He was to make sure that after depositing material on the north side, the arm of the excavator would not strike the general contractor's trailer office on the south side during its return. Employee #1 told the foreman that the area was clear. The operator stopped, started to reverse, stopped again and then raised both hands. Employee #1 interpreted this to mean that he should check again if the area was clear. He was crossing the work area when he was struck in the head by the excavator. Employee #1's hard hat flew off and he fell into the trench, bouncing of the metal shield before landing on the bottom. He sustained injuries that required hospitalization.