Abstract: On January 9, 1996, Employee #1 was working at a warehouse. The driveway leading into the warehouse had four bolts sticking up through the asphalt adjacent to the door; these bolts were a nuisance to drivers as they loaded and unloaded carpet rolls. At approximately 8:05 a.m., Employee #1 started to use a 13 in. portable disk grinder that he had borrowed from a friend to cut a bolt. As he knelt down, the grinder kicked upon contacting the bolt and the grinding wheel broke. Employee #1 was struck in the leg by a flying piece of the wheel. He was transported to San Jose Medical Center, where his wound was cleaned and he received eight to ten stitches. On January 11, 1996, Employee #1 underwent a skin graft and was hospitalized until January 16, 1996. His friend checked the grinder after the accident and found that the nut fastenings were secure and undamaged. Employee #1 had told the employer about the bolts and he was aware that the employer planned to remove them. At the time of the accident, the employer was not aware that Employee #1 was removing a bolt, Employee #1 had cut out one of the bolts the previous weekend.