Abstract: On April 19, 2007, Employee #1 was working at the uppermost level of a scaffold and had been installing uprights, ribbons and ledgers. He and coworkers had worked from a single plank while erecting the scaffold, which was now almost complete. The scaffold ranged in height from 40 to 42 ft. Single and double planked work platforms were provided at the uppermost level of the scaffold where they worked. There were no guardrails and no additionally planked tiers between the workers and the ground. The scaffold was comprised of uprights that were arranged in a 5 ft by 5 ft pattern with ribbons and ledgers that were positioned every 6.5 ft form a bay. The bays were connected to form a three-dimensional lattice type of structure that included five towers, 40 to 42 ft in height. The towers were erected on the perimeter of a base structure that was one bay high and 90 ft wide by 125 ft long. The scaffold planks used by the erectors as a work platform did not cover the entire space between uprights such that there was an open area that exceeded 3 ft and up to 4 ft in either dimension throughout the working level. Some bays had no planks. There was also no safe means of access to the uppermost work platform and the erectors reported that they climbed the uprights and ledgers to reach their work areas. Employee #1 fell approximately 40 ft to the concrete slab upon which the scaffold had been erected. He suffered serious head trauma and multiple broken bones and was hospitalized.