Abstract: At approximately 5:00 p.m. on June 5, 2003, Employee #1 and a coworker were using shovels to dig around some existing pipes that crossed a long trench that was 18 inches wide, 46 inches deep and 111 feet long, that was recently dug out by the backhoe operator using new Holland backhoe Model Number lb90-699311701, Serial Number 031031822. The coworker spoke Spanish and English; Employee #1 spoke only Spanish; and, the backhoe operator spoke only English. The backhoe operator yelled at Employee #1 and the coworker to get out of the trench. The coworker told Employee #1 that they had to get out of the trench. The coworker exited the trench and was walking east on the north side of the trench. The backhoe operator saw that the coworker had exited the trench but did not verify the location of Employee #1 who was still in the trench. The backhoe operator lowered the scoop to the ground and turned around to operate the backhoe. He revved the engine to extend the boom when he felt the backhoe move to the west very fast. The coworker yelled in Spanish for Employee #1 to look out. Employee #1 ducked his head but did not get low enough. The scoop of the backhoe hit Employee #1 in the head. The backhoe operator said that prior to revving up the engine to extend the boom he had neglected to set the parking brake, put the transmission in neutral, and extend the outriggers. Employee #1 was transported to Beverly hospital where he was pronounced dead.