Director, Department of Labor & Industrial Relations v. Kiewit Pacific Co.

**Safety Regulation Dispute Goes to Hawaii Supreme Court** This case involved a disagreement over workplace safety rules for construction workers. The Hawaii Department of Labor challenged Kiewit Pacific Company's interpretation of federal safety regulations, specifically rules about protecting workers from falls into holes and excavations. The dispute centered on whether certain safety requirements applied to shallow, ground-level holes at construction sites. The Hawaii Supreme Court partially sided with the Department of Labor. The court ruled that federal safety regulation 29 C.F.R. § 1926.501(b)(4)(h) does apply to shallow ground-level holes, overturning lower court decisions that had agreed with the company's narrower interpretation. However, the court also partially affirmed some aspects of the lower court's ruling. The case was sent back to lower courts for additional proceedings. **What This Means for Workers:** This decision strengthens workplace safety protections for construction workers. It clarifies that employers must follow federal fall protection rules even for shallow holes at ground level, not just deeper excavations. This broader interpretation of safety regulations means better protection against workplace injuries and ensures employers cannot avoid safety requirements by claiming certain hazards don't qualify under the rules.