Abstract: At approximately 3:00 p.m. on December 21, 2007, Employee #1 was working with a coworker arranging tires at a height of 12 ft on a third tier rack. No personal fall protection system or guard railing was present. It was the employer's standard practice to use elevated tire racks as work platforms without any fall protection or guard railing. At the time of the accident, the coworker was turned away from Employee #1. The coworker stated that when he last saw Employee #1, Employee #1 was standing approximately 3 ft from the edge of the rack. The coworker stated that he heard a noise and then observed Employee #1 on the concrete floor below the elevated rack. In the fall, Employee #1 sustained an open fracture to the right side of his skull and eye socket. Employee #1 was hospitalized.