Abstract: At approximately 3:00 p.m. on June 26, 1990, Employee #1 was working with a curb and gutter crew a short distance north of where a model 660E Gradall machine was operating. When he approached the machine, it was shut down and the operator was standing on the ground. The operator saw Employee #1 and told him that he had been instructed by the foreman to fill a small hole in the roadbed just west of the grader, which was situated parallel to and 6 ft west of the sidewalk along the east side of the roadbed. When the operator mounted the grader, the employee was standing in view, 8 to 10 ft to the right of the bucket. The operator swung the bucket left (away from Employee #1) to pick up a load of gravel. Before he swung back to the right, the operator checked both his left and right rearview mirrors and, seeing no one, swung around to the right. Employee #1 had apparently gone around on the east side of the Gradall and was putting his shovel on the deck between the cabs when he was caught between the counterweight and the left side of the deck. He suffered severe crushing injuries to his upper body and died three hours later. The apparent causal factor of this accident was Employee #1's failure to heed the various warning signs posted on the Gradall to keep clear of the machine's swing area. He had 30 years of experience in this type of work and should have known to stay clear of the swing area of the machine when it was in operation.