UNITED STATES
DEPARTMENT OF LABOR

Abstract: On November 9, 2006, Employee #1, with Star Nursery, Inc., was working in a materials receiving area at a Holiday Inn construction site. He and two other workers were stretching out a 16 ft by 30 ft tarp on the ground directly behind Employee #1's truck. A forklift operator with Dayside, Inc. (the general contractor) was backing an Xtreme 1154 forklift (Model Number XRM 1154, Serial Number XRM 1154-030540759) approximately 80 feet, beginning from the hotel entrance and traveling north toward the material receiving area. On the forklift forks was a container filled with construction debris. The forklift operator confirmed the location of two of the three workers who were folding the tarp, but failed to confirm the location of Employee #1. The forklift operator was watching his load when the forklift's right rear tire knocked Employee #1 down and rolled over his right foot. The operator was unaware he had struck Employee #1, and continued approximately 30 ft to dump the debris. Employee #1 was hospitalized for an amputated foot. The forklift's back-up alarm was operating properly.