Abstract: At 8:45 a.m. on October 26, 2015, a 52 year old male laborer employee, was in the process of removing railroad ties from an out of commission railroad spur with a coworker, a backhoe operator. A combination backhoe was being used to remove the railroad ties. During removal of the railroad ties the employees noticed that the railroad tie that they were removing was longer than others and had to move a pile of rails that had been previously removed. While moving the rails one became lodged in the pile, as the backhoe operator tried to free the rail, it became free then swung and hit the employee in the chest area. The employee was transported to a local hospital and was died from the injuries sustained.