Abstract: At approximately 6:30 a.m. on June 29, 1998, Employee #1, a swingman working in a marine terminal, used the personnel basket on a container lifting beam to access the top of a container on a ship. The entrances on each end of the basket were guarded by spring-loaded swing gates that opened inward. The top rails running across the beam were 42 in. above the deck of the personnel basket, but the upper railings of the swing gates were only 40 1/2 in. above the basket's deck. The beam had been pulled in for 20 ft containers and, as it was lowered toward the bay, one corner of the beam became caught on an adjacent container and then fell free. This caused the beam to gyrate and Employee #1 fell out of the personnel basket onto a container. He was killed. Employee #1 was not wearing a safety belt or harness; he also had a blood alcohol level of 0.190 at the time of the accident.