Abstract: On March 18, 2011, Employee #1, a construction laborer, was working on Highway 28 East as a flagger. He was wearing a reflective vest and a camouflage back sack. The Traffic Control Supervisor asked another flagger to take Employee #1's place so that he could take a break. Employee #1 walked over to a restaurant, ordered and paid for his food, then left the restaurant and started walking back to the job site before receiving his order. A 2006 International 7600 tri-axle truck (TD2744), driven by a coworker, turned into the restaurant, made a U-turn and proceeded to back the vehicle onto the shoulder of the road. The coworker backed the vehicle 4 to 5 pole lengths to the wider machine, which was loaded. The poles were positioned 100 feet apart. The coworker did not get out of the vehicle prior to backing. Employee #1 walked pass the vehicle that was backing, and he was struck and killed. The coworker did not know that he had struck Employee #1 until he saw an onlooker out of his left rear view mirror with his hands in the air saying "Stop".