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EE was operating an excavator in Pit 2 at SPS Atascosa. Pit 2 is located between two tailings ponds. 9:18 AM one of the tailings ponds breached causing tailings mixture to flow into the work site. Tailings mixture tipped over the excavator EE was operating cab side down. The front window broke, tailings mixture engulfed the cab & 75% of the vehicle. Employee could not escape.

Employee was working with a 3 man crew dismantling a Caterpillar 390F Excavator. During dismantling, EE was impacted by the counterweight. The other 2 crew members did not witness the accident.