Abstract: Employee #1 was operating a Caterpillar backhoe, Model Number 416B. The backhoe went over the side of an embankment at an approximate forty-five degree angle, rolling over onto Employee #1. Employee #1 was classified as a skilled laborer and had little experience in operating construction equipment. The manual throttle at the rear of the backhoe was found in the one-half to three-quarters open position, which caused the engine to rev-up at a high RPM, causing Employee #1 to loose control and go over the embankment. Employee #1 was not wearing a seat belt. The male end of the seat belt was found with the belt rolled up around the buckle and inserted into the retractor housing which precluded the use of the seat belt. An eye witness to the accident stated that he observed Employee #1 with his arms out the left side door, as the backhoe was going over the embankment, but could not determine whether he was being thrown out or jumping out of the cab. Employee #1 was caught under the framework with one of the vertical supports lying across his chest, pinning him to the ground. Employee #1 was pronounced dead at the jobsite. Employee #1 was not working at his regular job when the accident occurred.