Abstract: At approximately 10:30 a.m. on April 27, 2011, Employee #1, a 42-year-old excavator operator, was operating a John Deere Model Number200C LC excavator (Serial Number FF200CX507663) to remove vegetation from a canal. Employee #1 had been employed by the company for two days and on a seasonal basis for two years. The excavator was on a canal bank, approximately 1.5 feet from the edge of the canal wall. The canal wall was inclined and measured approximately 10 feet in length from the top of the canal bank to the body of water. The excavator slid approximately 3 feet to 4 feet down the canal wall, before it overturned and trapped Employee #1 inside the operator's cabin. A coworker observed the excavator in the canal. It was overturned and lying on its left side, partially submerged in water, and with its boom partially extended. Emergency services were summoned to the scene. Employee #1 was killed and found in the operator's cab, with his seatbelt unfastened. A medical examiner determined that the cause of Employee #1's death was drowning. No one witnessed the accident as it unfolded. The excavator tracks were pointing east and west. In the area of the excavator's final rest on the canal bank, tracks led up to the edge of the bank and down the side of the canal wall. The track marks and position of the excavator indicated that the excavator was traveling backwards at the edge of the bank. The employer did not have written procedures for this type of work and did not require the use of a seat belt. The manufacturer required the use of the seat belt when operating the machine. The manufacturer also warned of using extra care when operating near banks that may cave in and cause the machine to tip or fall.