Abstract: At about 9:00 a.m. on February 17, 2012, in the back yard of a single family residence, an employee was using a pick to dig a trench for a fence. The pick had a sharp point on one end and a blade transverse to the longitudinal axis of the pick on the other end. The employee intended to cut through a tree root in the trench with the blade end of the pick. At the bottom of the downswing, the blade made contact with a rock hidden underneath the soil; this caused the pick to bounce up suddenly, with the sharp end striking Employee #1 in the forehead. The employee didn't see the rock before the pick bounced back. There were no unusual ground conditions or weather conditions. The pick handle was in good condition and the head was on tight. Work was proceeding at a normal pace. The employee was wearing a hardhat at the time of the incident. No Title 8 CCR standard was violated in this incident. In the course of inspection, it was determined that the employee suffered a serious injury pursuant to Title 8 CCR section 330(h), and thus the employer failed to report this serious injury timely pursuant to Title 8 CCR section 342(a). During the course of inspection, it was observed that the employer's heat illness plan did not contain the express provisions for shade erection in excess of 85 degrees F, and for high heat provisions in excess of 95 degrees F, a violation of Title 8 CCR section 3395(f)(3). The Division considered issuance of a Regulatory 342(a) citation and a General 3395(f)(3) citation. The employee was treated at a clinic, where he received stitches for his forehead wound, and he returned to work; subsequently, at about 12:00 p.m. the same day, the employee lost consciousness. The employee was then transported to the hospital; he was formally admitted at 11:25 p.m. on the same day. He left the hospital at 8:05 p.m. on February 21, 2012. The employee received medications while in the hospital; it appeared he suffered from a concussion. The employer was a California general contractor and fencing contractor.