Abstract: On October 1, 2007, Employees #1 and #2 were on a crew installing trimming on a residential building under construction. During a break, and possibly in response to a dare or a wager, Employee #1 attempted to swim across a retention pond at the work site. The pond was approximately 12 ft deep in the middle, approximately 230 ft wide, and approximately 580 ft long. Employee #1 began to struggle when he was about halfway across the pond. Employee #2 swam out to rescue him, but both men drowned. The employer did not have a comprehensive safety and health program, but did have ten written rules for his employees. One of the rules stated that playing on the job must stop; it was acceptable to joke around to pass the time, but there was a point when that had to stop.