Abstract: An employee was operating an excavator in the construction set-up yard prior to beginning work within a street work zone. He started to back of out of the yard and heard someone screaming. When he stopped the excavator and went to see what happened, he realized he hat struck a pedestrian in his car. The car had been parked in front of the yard gate, but no one was in it when the employee began his work. The pedestrian was behind the excavator, out of site, when the employee began to back up. In addition, the pedestrian ignored the back-up alarm. The pedestrian was struck by the excavator and his legs were pinned between his car and the excavator. The pedestrian was hospitalized and released. It was determined that there was no employee-employer relationship.