Abstract: On February 23, 2005, Employee #1 was using a Caterpillar model number DP40 forklift to move material. As he stood alongside the forklift and a loading dock waiting for another load of material, a second forklift, a model number C579 Komatsu, moved about on the loading dock. The operator of the Komatsu was stacking a bale of recycled paper on top of another bale of paper, when the upper bale fell off the forklift and struck Employee #1. Employee #1 received a dislocated collarbone and a facial laceration. He was hospitalized. The employer has a written work rule not to operate forklifts in the direction of employees who are in front of the forks.