Abstract: At approximately 1:30 a.m. on November 5, 2013, Employee #1, with Jhos Logistics and Transportation Inc., was operating an industrial truck to lift loaded pallets. Employee #1 had been loading pallets upon which crates of canned tomato paste were situated. The crates measured 47 ins. by 43 ins. by 43 ins. Their weight was about 2,300 pounds each. The rated capacity of the forklift was stamped on the unit as 5,500 pounds. The pallets were stacked four high. While Employee #1 was lifting the pallets, the industrial truck rolled over, killing Employee #1. Employee #1 appeared to have picked up two crates that were sitting on top of a crate on the ground. When Employee #1 backed away with the crates, it is believed the load was lowered and did not clear the pallet, below. The forklift then hit a corner of the pallet, below, causing the forklift to overturn. Employee #1 was thrown from the seat of the truck, as he was not wearing the seatbelt, and he was crushed by the frame of the forklift. The industrial truck was equipped with overhead Roll Over Protective means. The forklift was a Hyster 60 Fortis Industrial Forklift (Serial number: L177V13948L; Model Number: H 60FT). The truck was new, having been manufactured in 2013. During an investigation, it was determined that the truck had been in service at the employer's yard for two months prior to the accident, and no problems had been reported. Employee #1's direct supervisor had not been in the immediate area at the time of the event. A test of the seatbelt system on the truck at the time of the inspection revealed that the seatbelt was properly functioning. Review of the employer's safety programs and training records indicated Employee #1 had been certified in safe forklift operation. After an investigation of the accident, which included but was not limited to the taking of witness statements, it could not be discerned from the record that the employer was in violation of a California Code of Regulations, Title 8 Safety Order with regard to the incident.