PATON, Iowa — According to his brother, Kevin Cummings was a man of many hobbies—a fisher, a hunter, a racing fan. But after his death on April 8, his brother is left with some difficult questions.
"Why did it happen when it shouldn't have happened?" Keith Cummings said.
According to the Boone County Sheriff's Office, deputies responded to a call shortly before 11 a.m. on April 8 at Pickett Salvage in Paton after getting reports of a male being struck by an excavator. Kevin Cummings was reportedly walking around or behind the machine while it was being operated. That operator didn't see Cummings while turning and backing up the vehicle at the same time. He died at the scene from his injuries.
Wendell Wood, an excavator safety trainer and owner of MMJ Services, said that being behind an excavator is one of the worst places a person could find themselves.
"The rule of thumb has been always being in the visual view of the operator, so he can see you. Never walk behind him," Wood said.
Working around heavy machinery can be incredibly dangerous; according to OSHA, more than 5,300 workers died on the job in 2019. Of those, 1,061 fatalities were in construction, accounting for nearly one in five workplace deaths that year.
The Boone County Sheriff's Office didn't confirm whether or not charges are being considered in Cummings' death, though the investigation is ongoing. According to Wood, there could be legal trouble if it's found that the employer didn't offer sufficient safety training.
"Generally speaking, unless there's wanton, woeful, and willful disregard for human life, it does not come up to the level of a felony. It will be considered a misdemeanor," he said.
In the meantime, Cummings is being remembered by the Boone community—cementing his legacy at one of his favorite places.
"I know in Boone, somebody told me they put his name on the back of their cars this last Saturday night when the races started. So there are people that are remembering him in that way," Keith said.
Representatives from Pickett Salvage spoke to Local 5 on April 11; they declined to be interviewed for this story.