Abstract: At approximately 3:22 p.m. on September 16, 2003, Employee #1, who was a subcontractor at an oil drilling site operated by Plains Exploration in Los Angeles, California and who pumped drilling fluid during oil drilling operations, was instructed by his supervisor to treat two 500 plastic tank barrels called "Polytanks", which were approximately 10 ft to 12 ft high. He carried a 45 lb container of Biocide to treat the drilling fluid in the Polytank storage using a portable metal extension ladder. He felt confident doing this job because he had done it five times before. He climbed the ladder while carrying the Biocide container and fell from the ladder, sustaining serious injuries, including a concussion. He was hospitalized for three days. Investigation showed the ladder was poorly maintained, and it was not secured. It was only the bottom half of a portable metal ladder. It was badly covered with oil so that the label warning could hardly be read; the warning was only for 200 lb. The ladder was overloaded by Employee #1, who weighed 230 lb, plus the 45 lb load of Biocide. According to Employee #1, he was not told not to use the ladder. The employer claimed it did not own the ladder but that the ladder was on the site when they arrived.