Abstract: At approximately 4:15 p.m. January 27, 2003, Employee #1, a material attendant, was engaged in the process of, cutting a 8 ft by 6 in titanium metal piece into a 3-in. wide strip using a hydraulic shear. As Employee #1 was about to cut the stock he activated the shear with the foot control, and his right index finger was caught and pinched at one of the hold-down clamps. Employee #1 suffered the loss of a piece of right index fingernail and fingertip. The company is a full-service metal fabrication facility including -- Titanium Hot-Forming and Sizing, Hydra-Forming, Stretch-Forming, Assembly and Welding. LPJ occupies a thoroughly modern, 20,000-square-foot building with thirty-five employees. LPJ is a preferred supplier to major aerospace contractors. The accident happened at the fabrication area of the warehouse, located northwest corner of the building. The equipment involved in the accident was a yellow Diacro Hydraulic Shear - 200 Ton by 12 ft by .25 in., Serial Number 121468507 with a 3-phase motor and control. Upon interviewing, Employee #1 it was found that the guarding on the shear to protect the operator from the point of operations was removed and not used during operation. Employee #1 needed to hold the piece down with a hand for a precision cut as the bracket to hold the stopper on one end was not working properly. This was not a reportable accident. No accident related violation was issued due to the extent of injury incurred.