Abstract: On March 2, 2010, Employee #1 was assigned to mix mortar using a gasoline powered, 5.5 HP Honda, belt-driven 6.5-yard paddle mixer. Employee #1 circumvented the grate guard without stopping and de-energizing the mixer resulting in the partial amputation of digits two and four of his right hand. Conflicting information was provided to Division in its investigation. The first scenario Employee #1 claimed the water hose became entangled in the paddles causing him to put his hand through the grate guard to release the hose. The second scenario was reported by the employer's site supervisor, who claims Employee #1 stated that he put his hand through the grate guard to remove dry mortar from a ledge formed by hardened material in the hopper. Employee #1, a construction laborer, had been hired that morning on a temporary basis for the construction of a Block-Lite residential water pump house. Employee #1 had represented himself as having three to four years of masonry experience, including operating mortar mixers. On March 9, a case worker from the California State Department of Employment Development notified the Division of the accident. The safety program for Preston Masonry, Inc, in Bakersfield, CA, was found to be deficient in that did not have lock-out procedures or provide training, nor was the new hire evaluated to be qualified.