Abstract: On March 23, 1990, Employee #1 and five temporary labor employees, employed by Phoenix Roofing, Inc. through Tracy Labor, and approximately eight employees of Phoenix Roofing, Inc., were performing built-up roofing work on the roof of a commercial warehouse that measured 272 ft wide by 585 ft long. There was an expansion joint approximately midway down the length of the building. The employees were working on the south half of the roof and were near completion. They were sealing the flashing and had removed most of the materials, tools, and other debris when one of the employees from Phoenix Roofing went to the north end to get a tool and noticed that a plastic skylight dome was broken. He went over to investigate. He peered through the opening, and saw Employee #1, a Tracy laborer, lying on the floor 26 ft below. Employee #1 had allegedly been drinking and was also wearing radio headphones. Employee #1 died after apparently placing himself on a skylight that broke under his weight and caused him to fall approximately 26 feet. The medical examiner stated that when he arrived at the site Employee #1 reeked of alcohol. The employer had failed to provide guardrails, screens, or other fall protection for the skylights.