Abstract: Employee #1, regularly a motor vehicle operator, was supervising a crew of four prison inmates in clearing a right of way for a road-widening project. Two inmates were piling brush on the east side of the road, one was operating a chain saw, and the other was using a bush ax. The inmate operating the chain saw was cutting a 6-inch diameter tree 30 to 35 feet tall. Employee #1 had finished setting out warning signs in the road and walked across the path of the falling tree while trying to position one of the men in a blind curve. The employee was struck on the head and shoulder by the tree suffering a fractured skull and dying the next day.