Abstract: Employee #1, a 19-year-old laborer and a coworker operating a backhoe were assigned to add an extension to an existing drain pipe that ran under a highway. They cleaned out the existing excavation and were using the backhoe digging bucket to lift and position the pipe when they found that the backhoe had to be repositioned to place the pipe properly. The operator began moving the backhoe closer to the excavation as Employee #1 apparently moved approximately 8 ft away from the bucket. The operator lifted the right outrigger, swiveled his chair approximately 90 degrees clockwise, then reached back with his left hand to activate the outrigger controls, which were now behind him. He felt the backhoe shift, looked around, and saw the bucket swing and strike Employee #1 in the chest. The operator flagged down help and coworkers on site administered CPR. Emergency vehicles arrived and transported Employee #1 to the hospital, where he died at approximately 5:30 p.m. on September 9, 1998. The cause of accident was the inadvertent activation of the backhoe bucket arm swing by the operator. No mechanical malfunction was found. This accident could have been prevented had the operator turned his chair to the proper position for the task.