Abstract: On June 23, 1992, Employee #1, the water foreman on a cranberry and blueberry farm, was riding a sluice gate in the "C" bog area. The sluice gate was metal with a cedar deck. The deck, which was still in possession of the employer, must have cracked on the underside and then broke under Employee #1's weight. He fell 4 to 5 ft into water in the gate's water receiver. He managed to pull himself out of the gate and to a vehicle, where he radioed for help. Employee #1 was taken to a local hospital, and his fractured leg was placed in traction. He subsequently developed pneumonia and multi-organ failure and died on August 27, 1992. The employer did not report Employee #1's death to US DOL-OSHA, as required. The state of New Jersey sent a copy of Employee #1's death certificate to the local area office on December 30, 1992.