Abstract: At approximately 8:00 a.m. on May 28, 2003, Employee #1, a backhoe operator, was assigned to excavate a 7-ft by 10-ft by 10-ft deep excavation for an elevator sump pump. He proceeded to excavate the hole with his backhoe and was working alone. He descended from his backhoe to the edge of the excavation with a shovel with the intent to clear earth away from a pipe in the excavation. He embedded the shovel into the 3-ft by 10-ft wide shelf and used the shovel as leverage to descend into the excavation. The earth supporting the shovel on the shelf gave way and he lost his balance and fell into the excavation. He shattered his L-2 vertebrae and was hospitalized.