Abstract: On August 2, 2007, Employee #1, the sole owner of the establishment, had just purchased a forklift (Clark Model Number CF 40-B, Serial Number 273-587) to replace a forklift that had been destroyed in a fire at the establishment the previous Friday. The forklift was not equipped with seat belts but was equipped with ROPs. The industrial truck was delivered on the back of a tilt-back tow truck and was positioned so the bed could be lowered and the industrial truck off loaded. Employee #1 mounted the forklift, started it up and reversed it to relieve the strain on the tie downs, and then turned the ignition off. The roll-back tow truck operator then began to tilt the bed of the truck, and the forklift began to slide off to the left side of the tow truck. The tires of the forklift were coated in oil and the deck of the roll-back tow truck was steel. As the forklift was sliding off the bed, Employee #1 elected to jump to the ground. As he landed on the ground, the forklift fell off the bed of the truck and the mast struck him in the middle of the back, pinning him to the ground, where he was killed.