UNITED STATES
DEPARTMENT OF LABOR

At approximately 9:44 a.m. on July 25, 2008, Employee #1 was working at a single family residential property, located in Hollywood, California. While the other employee, an excavator operator, was operating the excavator, Employee #1 was standing behind the excavator. The other four employees were in front of the excavator, facing the operator and attempting to remove rocks and debris from the trench. All the employees were wearing brightly colored construction vests. According to Employee#1's statement, the excavator operator saw him standing behind the excavator, approximately 10-12 minutes prior to the accident. At that time, the excavator was positioned parallel to the face cut of the retaining wall footing. While the excavator operator was digging the trench, Employee #1 grabbed a shovel and walked along the edge of the face cut in order to mark a line for a cut. There was an approximate 6-in. to 8-in. clearance between the face cut and the excavator. While Employee #1 proceeded to walk closer to the excavator, the excavator operator turned the excavator clockwise in a 45 degree angle in order to empty out his bucket of dirt. As a result, Employee #1 was crushed and pinned between the back of an excavator's end and a face cut of a retaining wall. He fractured his tenth rib and right inferior pubic ramus. A witness of the accident yelled at the operator to stop and he called for ambulance. Employee #1 was transported to Cedar Sinai Medical Center where he was hospitalized from July 25, 2008 to July 28, 2008. Employee #1 stated, during the interview, that the accident could have been prevented if he did not enter the area between the face cut and the excavator, and kept a safe distance to the excavator unit. He also could have warned the operator that he was going to enter the area to make the cut with the shovel. In addition, better communication methods between the operator and Employee #1 could prevent the accident.