Abstract: On November 30, 2006, Employee #1, a gardener, was working on the plants adjacent to the south and west side of the pool and a screen fence of approximately 4 ft in height, which surrounded the plants and the pool. The south side of the pool extended approximately 2 ft above ground and had a cap of 16 in. to 18 in. in width. While Employee #1 was working from the cap of the pool removing dried and dead plants, he fell in the pool and drowned. The employer, also the direct supervisor, was mowing the lawn at the front of the house. When he returned to the backyard after being in the front yard for approximately 7 minutes, he found Employee #1 at the bottom of the pool face down. The employer removed Employee #1 from the pool and called the ambulance.