Abstract: On March 26, 2004, Employee #1, a laborer, was with a crew making the final grade for a road in a subdivision. The foreman was operating a road grader. On the previous pass, he observed Employee #1 on a dirt box on the side of the road. Employee #1 subsequently moved to the center of the road and laid on the ground in order to take a grade measurement with a folding ruler and a lock level. The foreman backed the grader to reposition for a pass up the center of the road, unaware that Employee #1 had relocated. When Employee #1 first heard the grader's back-up alarm, he thought it was a safe distance from his location. When the alarm became louder, he looked up and saw that it was too late to get out of the way of the grader. He then rolled toward the center of the grader's path and remained prone on the ground. When the grader rolled over him, its blade struck his ankle and the rear of his head, and he sustained numerous abrasions, contusions and a fractured scapula.