Abstract: At approximately 10:55 a.m. on August 25, 2001, Employee #1, a forklift operator for Luis Recycling was operating a forklift truck. He was stacking empty wooden pallets onto a metal bin when two of the top pallets fell off and struck him on his forehead. Employee #1 was stacking up to six pallets when the top two pallets lost balance and fell off. None of the pallets were tied to the forks of the forklift, nor were they tied to one another. The Clark forklift truck was the only one the employer had available at the time of the accident and was in very poor condition. No warning device, parking brake, or overhead guard was observed on the forklift at the time of the inspection. According to the employer, the forklift truck was due for a major repair to fix some of the problems it was having and the repair was scheduled only days after the accident. Employee #1 was transported to Martin Luther King Hospital for treatment. It was determined that the accident was caused by the forklift not being equipped with an overhead guard to protect the operator when the pallets fell.