Abstract: Employee #1 was engaged in measuring the depth of an excavation being dug for concrete footings. Employee #1 and the backhoe operator were communicating verbally while performing this task. The backhoe was a Case Model 580L, Serial Number JJGO232539. Employee #1 was wearing a hard hat. The operation involved the backhoe operator excavating soil and swinging to the right to release the soil. Employee #1, using a grade stick, would approach the hole, measure the depth of the hole, and then back away from the hole. The operator would then swing to the left and resume excavation. The operation was repeated as necessary. The operator stated that Employee #1 had backed away from hole after measuring the depth and as he (the operator) swung the bucket to the left to resume excavating, Employee #1 started toward the hole and walked into the path of the moving bucket. Employee #1 was struck in the head with the bucket of a backhoe. Employee #1 sustained a laceration to forehead requiring five stitches, but did not require hospitalization.