Abstract: EMPLOYEE #1 WAS WORKING AT THE BOTTOM OF A PILE-FOOTING EXCAVATION, BELLING OUT THE BOTTOM WITH A PICK AND SHOVEL. THE EXCAVATION WAS 32 FEET DEEP AND 4 FEET IN DIAMETER. THE FOOTING EXCAVATION WAS NOT SHORED, SHIELDED OR SLOPED, NOR WAS EMPLOYEE #1 EQUIPPED WITH A SAFETY BELT AND LANYARD. THE SOIL IN THE EXCAVATION WAS DISTURBED DIRT WHICH HAD BEEN PUSHED DOWN TO FILL IN A RETAINING (CRIB) WALL. THE EMPLOYER STATED THAT, AS EMPLOYEE #1 WAS BELLING OUT THE BOTTOM, AN EARTHQUAKE OCCURRED. THE SIDE OF THE EXCAVATION CAVED IN, BURYING EMPLOYEE #1 UNDER 5 FEET OF DIRT. SINCE EMPLOYEE #1 DID NOT HAVE A SAFETY BELT AND LANYARD, AND THERE WAS NO LADDER IN THE EXCAVATION, THE EMPLOYEE COULD NOT BE RESCUED OR ATTEMPT TO SAVE HIMSELF. HE SUFFOCATED.