UNITED STATES
DEPARTMENT OF LABOR

At approximately 12:00 p.m. on June 9, 2011, Employee #1 was operating a Caterpillar 330C excavator. Employee #1 was loading a spoil pile on to dump trucks that would relocate the spoil pile to another area of the job site. Employee #1 was operating the excavator from the top of the spoil pile. The dump truck being loaded was equipped with a two inch by eight inch horizontal wooden board located across the side top of the bed of the truck. This board was secured to the dump truck with metal bolts and brackets. Employee #1 was loading a bucket load on to the dump truck, and one of the tracks of the excavator slipped into the spoil pile. The excavator lunged forward toward the truck being loaded, and the bucket of the excavator made contact with the wooden board. The excavator bucket pulled the bolt heads that secured the board through the board and bent the metal brackets that attached the board to the truck. Following the incident, the Employee #1 instructed the driver of the dump truck to pull away. During the loading process, the dump truck was situated so that Coworker #1, the driver of the dump truck, had visual contact with the excavator. Coworker #1 stated that the spoil pile appeared to be relatively firm but as the tracks of the excavator moved over the spoil pile the dirt seemed to turn into powder which appeared to make the excavator slide as it moved around. Coworker #1 also stated that it looked like the track slid rather than sunk into the pile. Employee #1 worked the remainder of the day following the incident and was admitted into the hospital a few days later with unspecified injuries.