UNITED STATES
DEPARTMENT OF LABOR

On August 12, 2009, Employee #1 was mowing lawns. Employee #1 was employed by two different property owners to conduct maintenance activities at low income housing facilities. At each property, Employee #1's duties included lawn mowing. Property owner #1 had three separate properties in one area and owned one lawn tractor that was used for mowing. Property owner #2 did not have a lawn mower. Under an agreement, Employee #1 typically hauled his own lawn tractor to Property #2. On August 12, 2009, Employee #1 completed mowing Property #1 and needed to mow Property #2. Employee #1 was in a hurry and did not want to take the time to drive home to retrieve his mower. He, therefore, elected to use the mower from Property #1. Property #2 was located at the top of a steep hill that had an 18 degree to 22 degree grade portion, which had not typically been mowed. However, evidence indicated that Employee #1 had recently started mowing a portion of that steep hill. While using the mower from Property #1 to mow the steep hill at Property #2, the mower tipped over sideways. It appeared that Employee #1 either fell off the mower or attempted to jump free. Employee #1 was killed, apparently from asphyxiation, when the rollover protective structure of the lawn tractor came to rest on his neck. The seat belt was functional after the accident, but was not used.