Abstract: At approximately midnight on December 12, 1996, Employee #1 was setting uneven bundles of 2 by 4's onto the resaw conveyor. He placed a single bundle of dunnage in the roadway, left the forks raised 5 ft above the ground, dismounted his forklift, and went to adjust his load. The forklift, unattended, rolled forward down the 1.4 percent grade of the street. One of the forks caught Employee #1 in the left shoulder blade and pressed him into the load. He was killed. The emergency brake and the ratchet-type gear shift on the forklift did not function as designed. The vehicle could have been in gear, but it appeared to be in neutral with a five-second delay; the transmission would complete its shift and the equipment traveled forward, even when the brake was set.