Abstract: Employee #1 was operating a backhoe loading a dump truck with top dressing (a mixture of sand and top soil). According to employees at the site, Employee #1 was leaning out of the rear window of the backhoe just prior to the accident. Although no one witnessed the actual accident, employees indicated that the backhoe boom swung to the left, crushing and pinning Employee #1 against the tractor cab. Considering the proximity of the operating controls to the rear window, it is assumed that his leg activated the control causing the boom to swing left. He died. Employee #1 was not trained in the use of seat belts and the tractor was not equipped with one.