Abstract: On September 15, 2004, Employee #1 was working as a truck driver for a company that recycles waste paper materials. He picked up waste paper materials from clients and returned them to the facility. The paper is then weighed, shredded, and compacted pending shipment overseas. Employee #1 parked his truck in the yard and another employee, a forklift operator, began to off-load the 3-yard bins with a Toyota propane forklift (Model Number 7EGU25, Serial Number 65363). Employee #1 was walking in the common area between the plant and a barrier fence towards the office to clock out. The forklift operator was traveling forward in the same common area and was engaged in conversation with another employee. The forklift operator began elevating the bin while traveling forward. He turned his face forward and observed Employee #1 walking directly in front of him. He turned the forklift and stopped suddenly. The bin fell off of the forks and landed on Employee #1. He sustained spinal injuries and fractures to his left leg, right arm, and right hand. Employee #1 was hospitalized for his injuries. The forklift operator was not looking in the direction of travel and was also traveling with the load raised approximately 5 feet off of the ground. The employer didn't have a clearly defined walkway that separated forklift operations from pedestrian foot traffic.