Abstract: At approximately 9:45 a.m. on June 8, 2005, Employee #1 was working as an operating engineer at a construction site for the expansion of a local hospital. He was employed by a medium-size concrete pumping company that was pouring concrete for the foundation of the hospital under construction. At the time of the accident, the workers for the concrete company were on break awaiting a concrete delivery. Employee #1 was sitting next to a pile of spoils that had been made by workers for a small excavating company also working at the construction site. A worker for that company was using a John Deere 310SG backhoe to move the spoils several yards away. Employee #1 was on the side of the pile opposite the backhoe's operator. The backhoe operator could not see Employee #1, and in consolidating the pile, he pulled Employee #1 through the spoils pile. Employee #1 sustained a fracture to his upper leg. Emergency medical services were called. Employee #1 was hospitalized. Onsite employees indicated that Employee #1 had repeatedly gone to the pile and signaled to the backhoe operator his position prior to sitting on the pile. Cal/OSHA determined that the backhoe was not operated in a manner that ensured that equipment or vehicle operators knew of the presence of root pickers, spotters, lab technicians, surveyors, or other workers on foot in the area of their operations.