Abstract: EMPLOYEE #1, THE FOREMAN AND GRADE CHECKER, HAD WORKED ALL MORNING WITH THE SCAPER OPERATOR ON THE NORTH SIDE OF THE STREET. AFTER LUNCH THEY MOVED TO THE SOUTH SIDE. THE OPERATOR HAD TO MAKE SEVERAL CUTS BEFORE THE FOREMAN COULD START CHECKING THE GRADE. THERE WAS NO ROOM FOR THE OPERATOR TO TURN AROUND BECAUSE OF THE TRAFFIC, BARRICADES AND TREES, SO HE HAD TO BACK UP AFTER EVERY CUT. THE OPERATOR MADE A CUT GOING NORTH, DUMPED THE LOAD THEN BACKED UP SOUTH TO GET INTO POSITION FOR ANOTHER CUT. THE BACK-UP ALARM SOUNDED EACH TIME THE SCRAPER WAS PUT INTO REVERSE. THE OPERATOR HAD MADE AT LEAST 4 CUTS AND EACH TIME, THE FOREMAN WAS STANDING ON THE SHOULDER AS THE SCRAPER WENT BY. AS THE SCRAPER WAS BACKING UP AFTER ONE CUT, WITH THE BACK-UP ALARM SOUNDING, THE OPERATOR SAW THE FOREMAN'S LEGS PROTRUDING FROM UNDER THE PAN AS HE NEARED THE BEGINNING OF THE NEXT CUT. THE EMPLOYEE WAS KILLED.