Abstract: At approximately 2:30 p.m. on January 17, 2008, Employee #1, a laborer, was cutting off sections of boiler pipes from an old boiler in the cut up area of the salvage yard. A coworker was operating an excavator, equipped with a magnet, to move scrap metal on the opposite side of the road from the cut up area. The excavator was positioned next to the cut up area and within six feet of the old boiler being cut up by Employee #1. The coworker backed up the excavator several feet to retrieve scrap metal off of a pile and swung it over to the scrap pile, causing the back end of the excavator to swing in the direction of the old boiler. He heard Employee #1 yelling and turned to see Employee #1 caught in between the back of the excavator and the old boiler. The coworker moved the excavator back to the center position and got out of the excavator to help Employee #1. Employee #1 was responsive, but in pain and had difficulty breathing. Emergency medical services were called but were not available. An employee of the company transported Employee #1 to the local hospital. He died before arriving at the hospital.