UNITED STATES
DEPARTMENT OF LABOR

Abstract: On or about April 22, 2011, Employees #1, #2, and #3 were working as concrete finishers on a drainage, nature trail and beautification project beneath an overpass located at a highway in Houston, Texas. A concrete mixer pulled onto the construction site and parked in front of a concrete retaining wall that had exposed rebar protruding from the face of the wall. The three employees were working between the truck and the retaining wall. The driver of the concrete mixer dismounted and moved to the rear of his vehicle, preparing to unload concrete into a front-end loader. He utilized a remote switch at the rear of the mixer to throttle up the vehicle in order to discharge the concrete. The driver activated the switch, and the vehicle's engine RPM increased and as a result, the vehicle surged forward. Employee #1 was pinned against the concrete retaining wall, and the rebar impaled his leg. Employee #2 was run over by the vehicle, became pinned beneath the undercarriage, and was killed. Employee #3 grabbed the front bumper and was carried forward as the vehicle continued, uncontrolled, until it came to rest against the retaining wall. Employee #1 and Employee #3 were transported to an area hospital, and were treated for their injuries and released.