Abstract: At 6:25 p.m. on August 12, 1985, Employee #1 and a coworker were straightening markers that had been set to divert traffic from the middle of the three lanes on I-95 so that a 7-mile stretch of the southbound highway could be repaved. A rental truck in the middle lane failed to observe the blocked center lane, narrowly avoiding another employee. It struck several barrels along the right hand lane and then struck Employee #1, killing him. Both he and his coworker were wearing bright, reflectorized warning vests. The approach to the area was well marked with signs and warning devices, and it was still daylight. The employees were trained for this work and were performing their regularly assigned tasks. The employer was apparently not in violation of 29CFR 1926 standards.