Abstract: At approximately 2:40 p.m. on March 29, 2007, an employee, maintenance electrician had been assigned by his supervisor to install a motion sensing spot light at the top of a stair. The stair was not normally used by employees in the course of their daily work activities as the Vice President and General Manager used the second floor room for off hour's functions such as working out on his tread mill and to conduct practice sessions for his band. According to the sole eye witness, a forklift operator, the employee had completed the installation of the light and they were in the process of adjusting the motion detector sensitivity. The employee had just come down from the step ladder, folded it and leaned it against the wall. The forklift operator stated that it seemed like the employee took one step back, lost his balance and went through the rail. Upon arrival of emergency Medical Services, the employee was unconscious. He died on April 1, 2007. The wooden top rail on the stair platform measured 1.25 inches by 2.25 inches. The rail had rounded edges as it was likely manufactured to serve as a stair hand rail. The OSHA construction requirements for wooden top and intermediate rails require a minimum of 2 inches by 4 inch lumber be utilized. The existing rail did not meet the requirements of a standard guard rail. The top rail measured 35.25 inches from the platform surface. Two rugs were placed on the platform effectively lowering that height by anther inch. There was no intermediate rail.