Abstract: On September 23, 2004, Employee #1, the owner of Phillips Construction, was using a backhoe to break up a section of concrete sidewalk at a construction project in Chico, CA. The sidewalk had to be removed for installation of underground utilities. During the work, several coworkers were picking up smaller chunks of concrete and putting them into the backhoe bucket. The backhoe had also picked up a large chunk of concrete, but it was only partially in the bucket. Employee #1 was moving the bucket when the large chunk started to fall. He got out of the cab and was walking toward the bucket to stabilize the concrete when an approximately 300 lb piece broke off and fell on his right foot. Employee #1 was transported to the hospital, where his right big toe was surgically amputated. The employer was cited for violations of T8CCR 342(a), for failure to immediately report a serious injury; T8CCR 1509(a), for failure to have a written safety program; T8CCR 3385(a) for failure to provide foot protection; and T8CCR 1541(e) for failure to keep employees from working under a load.