a rear load helper. He was trained in the task in which he was engaged at the time of the incident. The vehicle operator had been employed for nine months. He had a Commercial Drivers license (CDL) which was required by the Department of Transportation before a refuse collection vehicle can be operated. The driver had also completed training on how to drive the route to which he was assigned.

INVESTIGATION

On the day of the incident, the vehicle operator drove the refuse collection vehicle to the victim’s residence to pick him up. They then proceeded to their assigned route. When they reached the street where the incident occurred, the driver backed his vehicle down the street. The driver was either shown this way of approaching this street or decidedto back down the street on his own. (One possible explanation for backing down the street was that there were only four stops to make and the truck would be facing in the direction required to continue with the route once the four pick-ups were made. This was not a dead-end street.)

After picking up refuse from two houses, the driver proceeded up to the next house. This third stop had more then the usual amount of refuse to pick up. The driver decided to reposition the vehicle at approximately a 45 degree angle to the curb so the rear loading area of the truck was closer to the refuse.

The driver observed the victim in his right side mirror as he dismounted the right rear step. He then pulled