Abstract: A forklift operator was transporting a load of four 10 ft long 4 by 4s between the frameworks of two houses under construction. The width of the passageway between the two houses was 10 ft; the height of the houses along the passageway was 10 ft; and the width of the forklift was 8 ft. Therefore, the operator had to elevate his load to a height greater than 10 ft to ensure adequate clearance. The operator was looking over his shoulder at ground level in the direction of his path of travel and was unaware that Employee #1 was working at the 10 ft level on the front edge of the house nearest the passageway. When the forklift reached the front and was almost clear, Employee #1, who had been unaware of the passing load, was either struck by it or startled by its proximity. He fell to the ground, fracturing his skull and neck. He was killed.