Abstract: Employee #1 and a coworker had each piloted separate, open-sided 8 ft by 24 ft pontoon boats with 25 hp motors to ferry a U-shaped floating dock from a marina area to the lakefront of a private residence. They both installed the U-shaped dock and, when the job was finished, started to return to the marina on their respective pontoon boats. Approximately halfway back to the marina, the coworker in the lead pontoon boat looked back and saw Employee #1 standing up on the deck of his boat, apparently storing gear. Shortly thereafter, the coworker looked back again and saw that Employee #1 had fallen into the lake and was thrashing wildly. The coworker turned his boat around to effect a rescue, but by the time he got there, Employee #1 had disappeared under the surface of the water. He died as a result of drowning, but his body was not recovered until the next day. Even though there was an approved life jacket available on the deck of each pontoon boat, neither Employee #1 nor the coworker had ever worn them. This was not a violation, as Illinois state law and the company's policy was to "have an approved life jacket available."