Abstract: At about 12:30 p.m. on October 9, 1990, Employees #1 and #2, laborers for J.C. Van Dyke Construction Company, were making a drain connection at the bottom of a 7 1/2 ft deep L shaped trench with 90 degree walls at the southeast corner of a house foundation. The south leg of the trench was 32 in. wide by 16 in. long, and the east leg 40 in. wide by 48 ft long. They were bent down and could not be seen by anyone who did not look down into the trench from nearby. There was no ladder in the trench. The loader operator for Robert Preston Excavating Co., Inc., had been told that the drain installation was done, and that he should backfill the trench. Not seeing any activity, he used a #953 Caterpillar track type loader to get a load of soil, which was in heavy, thick clumps. Without sounding his horn, he put the soil at the trench edge and began to push it into the trench. Employees #1 and #2 were caught under the soil and struck by the clumps, sustaining head, neck and back injuries. Employee #2 got free but Employee #1 was partially buried as dirt continued to fall. As Employee #2 tried to get the soil off Employee #1 with his hands, the loader operator saw him and stopped to help rescue Employee #1. Both employees were hospitalized. Backfilling should not have been scheduled until it was certain that the drain installation was complete and that no one was in the trench. There should have been a ladder in the trench for employee egress. The ladder would have signaled activity in the trench.