UNITED STATES
DEPARTMENT OF LABOR

The employer was using a JSW BH80ELC excavator with a demolition hammer attachment to chip away concrete so the company could remove nine underground tanks. The morning of the accident, the excavator needed to be removed from the site because its work was completed. Employees were cleaning the tracks of the excavator so it would not deposit mud throughout the parking lot. The excavator was moved back and forth to shake loose the dirt and clay from the tracks. When the tracks were almost clean, Employee #1 looked at the operator as if to say, "Is this clean enough?" The operator thought the excavator needed to be cleaned some more. He motioned to Employee #1 that he was going to track backwards. Employee #1 did not see the signal, and his left foot was run over by the excavator. While Employee #1 tried to twist his foot from underneath the crawler track, the excavator ran over his entire body. He sustained multi-systems trauma, crushing injuries, amputation, and avulsion. He was killed.