Abstract: On July 20, 2010, Employee #1 was working for his primary employer, the temporary employment agency Select Staffing, Inc. He was working as a molding operator at his secondary employer, Innovative Rotational Molding, in Madera CA. He and a coworker were shearing light gauge metal with a manually-operated Tennsmith Model 52 square shear. According to one account, Employee #1 was on the backside of the shear, measuring the material to be cut with a metal tape measure, when the shear was actuated. As Employee #1 reached to pull the measuring tape clear of the shear, his index finger was caught by the shear, and its distal end was partially amputated. An investigation, though, made another determination. Employee #1 stated that he was working alone, and that he was in front of the shear, measuring the material to be cut with a metal tape. He had his foot resting on the treadle that engaged the mechanism on the shear that held material down. At the same time, he was attempting to retract the measuring tape, but the tape's end hook would not release. Employee #1 reached behind the shear to lift or release the end hook. This awkward posture caused him to lose balance and depress the treadle. The shear sliced off a portion of his nail and some flesh from the tip of his finger. There was no bone loss. After the investigation, it was judged that the injury did not meet the labor code's definition of "serious" and that there had been no violation of 8CCR 4227(e). Employee #1 was found to have sufficient experience and training to be considered qualified to operate the shear. Both the primary and the secondary employer had a well devised health and safety program in accordance with DOSH standards and policies pertaining to dual employer inspections.