Abstract: At approximately 1:30 p.m. on November 5, 2007, Employee #1 was operating a JLG Sky-Trak rough-terrain forklift, model 10054, Serial #32840, at a construction site in Menlo Park, CA. He was driving the forklift on a dirt access road that sloped uphill, while carrying an approximately 17 ft long wooden beam. The approximately 750 lb beam was suspended from the front forks using a nylon sling and choker. The beam had a tag line attached to its rear portion, and it was being carried in-line with the boom of the forklift. A coworker/carpenter was watching the forklift as it approached the crest of the hill to make an expected right-hand turn when the right front wheel lifted off the ground. He estimated the beam angle was at 35 degrees. The coworker then observed the vehicle back down the hill a few feet, possibly driving the right rear tire onto a raised berm. Apparently, the suspended beam swung out to the left side and the load moved outside of the forklift's center of gravity, causing it to overturn onto its left side. Employee #1 was not wearing a seat belt and his left foot became caught and was crushed under the roll cage of the forklift. He was transported to Stanford Hospital, where the five toes on his left foot were surgically amputated. The employer was cited for a violation of T8CCR 1596(a)(1),Roll-over Protective Structures (ROPS) (h) Wheel-type Agricultural or Industrial Tractors. (1) ROPS and seat belts shall be installed and used on all wheel-type agricultural or industrial tractors used in construction.