UNITED STATES
DEPARTMENT OF LABOR

Abstract: On the morning of August 19, 2002, Employee #1 was preparing to move a 10-wheel dump truck, VIN Number 1M2P264C2SM019348. He approached the vehicle from the front, opened the driver's side door, used his right hand to grasp the assist bar mounted at the rear of the door opening, and went to step up into the truck. To enter the cab, he had to step on two cast-aluminum steps mounted on the fuel tank. The first step was 2 feet above the ground and was welded to the side of the tank; the second was welded to the top of the tank and was 14 inches above the first step. The treads were perforated with 1.5-inch holes, with the extrusions pointing up, to provide a non-slip surface. The leading edge of the treads was rounded and smooth and the steps on the truck were dry. Employee #1 was wearing steel-toed work boots with rubber soles, but as he stepped on the steps, he either mis-stepped or lost his footing, and landed on the side of his left foot, seriously injuring his ankle and Achilles tendon. He was hospitalized with his injury. Employee #1 later stated that, after grasping the assist bar he would normally put his right foot on the bottom step, and then put his left foot on the second step. This time, he did not recall putting his right foot on the first step, but only remembered grabbing the bar, then landing on his left foot.