Abstract: On July 24, 2001, Employee #1, a backhoe operator, was operating a backhoe when he exited the vehicle and left the engine running. From the ground beside the vehicle, he loaded 10-ft-long sections of plastic pipe into its cab. He laid the pipe on the floor of the cab besides the seat of the driver and near the bucket controls, with the rear end of the pipe resting on the raised bucket. He raised the bucket and outrigger to support the piping. As he was performing the work, a piece of pipe contacted the boom swing control lever causing the boom to move. The boom swung in his direction striking him in his head and pushing him into the vehicle. The impact of the boom upon his head caused significant head trauma that was fatal.