Abstract: At 3:30 p.m. on August 16, 1988, Employee #1, a construction supervisor, requested that Callas Contractors, Inc., send a forklift truck to a job site to unload some railroad ties. The 200 ties had been loaded on a flatbed trailer measuring 8 ft by 40 ft. They were 7 in. by 9 in. by 8 1/2 ft; weighed approximately 250 lb each; and were stacked in bundles of 25, two bundles wide and four long. Each bundle had one heavy wire band around it to hold the ties together. They were also secured with chains and load binders for shipment. The forklift operator arrived at the site at 3:40 p.m. and positioned the forklift truck at an angle facing the left rear corner of the loaded trailer. The truck driver was on the right side of the trailer removing the chains and binders from the load. At approximately 3:45 p.m., Employee #1 came out of the office trailer and approached the load from the left side, not saying anything to anyone. When he cut the wire band on a bundle of ties, approximately five railroad ties fell on him, covering one half of his body. Employee #1 was transported to the Washington County Hospital, where he died on September 6, 1988. The railroad ties were being handled inappropriately. The forklift truck should have been placed against the bundle of ties before the wire was cut. No evidence indicated that Employee #1 had received any formal or informal training. The only witness to the accident was the operator for Callas Contractors, Inc.