Abstract: At 12:00 p.m. on June 6, 2006, Employee #1 was engaged in grading the streets and areas around a new commercial construction site. He and his coworkers were utilizing several pieces of heavy construction equipment (i.e., scraper, backhoe and skip loaders). There were several 1-in. by 2-in. by 4 to 6-in. wooden pegs with pink feathers on their top buried in the ground for indication of the grading levels. Employee #1 was placing a stake on Fern Street, which was being graded by a John Deere, Model Number 760A and License Plate Number SE 157639 scraper, with a hauling capacity of 9.5 cubic yards, equipped with a nonfunctional warning device or back up alarm. The scraper operator was backing up and ran over Employee #1, killing him.