Abstract: At approximately 8:17a.m. on March 17, 2005, Employee #1 and three laborers were engaged in construction activities while backfilling soil into an excavation created from the removal of an in ground pool approximately 32 ft by 16 feet ranging from 3 ft by 8 ft in depth. The three laborers were engaged in miscellaneous jobsite maintenance work such as protecting the curb from damage caused by soil delivery trucks and greasing up a CAT 312B hydraulic excavator used for backfilling the soil. The operator used the excavator to travel to the curbside soil pile to retrieve a bucket of soil where the other two employees working. The operator rotated the excavator's superstructure 180 degrees and headed towards the excavation in excess of 93 ft away. The operator called out to Employee #1 to retrieve a cell phone. The operator dropped the soil into the excavation; he rotated the excavator's superstructure 180 degrees and then proceeded to travel again towards the curbside soil pile. The operator saw Employee #1 approach the excavator from the left side and toss the cell phone to him. Employee #1 bent over the front of the excavator to retrieve something while the operator bobbled for the phone. The operator fell forward possibly hitting the excavator's controls. The machine then moved forward running over Employee #1, causing crushing injuries to the entire body. Employee #1 was pronounced dead on the scene.