Abstract: At 7:30 a.m. on September 20, 2004, Employee #1, a grade checker, was involved in an over-excavation of a pad for the eventual construction of a fast food restaurant. The employer of Employee #1, licensed as a general engineering contractor, was directing workers of a heavy equipment rental company. Employee #1 was acting as a grade checker and entered into the excavation approximately 1.5 ft deep and established eye to eye contact with a heavy equipment operator. The operator was digging out the Southwest corner of the pad with his 824 Caterpillar. Employee #1 was using a peep sight to measure grade. Employee #1 was struck by the tire of a 140G Blade Motor Grader, Caterpillar 140 G Blade, Motor Grader, Model 140 G Z, Serial Number 72V12017, Wheel 17.5-25L-2, from behind after it made a vertical cut along the south edge of the pad and turned northwest from the cut. The operator of the motor grader said he did not see Employee #1 inside the pad and believed he was on natural ground in the corner. The other equipment operator stated Employee #1 was also hit by the right front tire. Employee #1 said he thought the motor grader was at a stockpile north of him and said he was struck by the left front tire. Employee #1 was wearing a dark shirt and tan pants and was not wearing flagging garments or equivalent as required for flaggers. The motor grade operator indicated that he has a lazy eye but said his vision is good. Employee #1 received a fractured pelvis, right and left ankle, a L5 bulging disk, and tissue and nerve damage on right hip and back. Employee #1 was hospitalized.