Abstract: At approximately 11:15 a.m. on March 6, 2000, Employee #1, a student at the International Union of Operating Engineers, Local 106 Training Facility, was operating a Caterpillar 572 side boom pipe layer. He was backing the equipment from a roadway down an embankment to a lower graded work area, carrying a counterweight on the end of the boom at a moderate to high angle, to simulate pipe. As he started down the grade of the embankment, the machine shifted and slid sideways slightly. The front end came off the ground, tipping the equipment straight up in the air, with the front end of the tracks facing up. This sudden movement caused Employee #1 to fall backward out of the operator's seat. He landed on the ground and the rear section of the machine came to rest on top of his chest. Employee #1 suffered multiple rib fractures, a fractured back, and severe blunt chest trauma; he was pronounced dead at the scene. The instructor was sitting in his pickup truck and only saw the equipment move in his rear view mirror. No actual inspection of the grade was made by the instructor or by the school staff prior to the student attempting to move this piece of equipment down the grade. After preliminary investigation, it was determined that OSHA had no jurisdiction in this case.