As a follow-up to last week’s article, “When Enforcement Fails at Cal/OSHA,” new legislation introduced by Assemblymember Liz Ortega signals a potential shift in how California responds to the most serious workplace incidents. In her role as Chair of the Assembly Labor and Employment Committee, Asm. Ortega has authored AB 2321 to address long-standing concerns about the chronic understaffing and mismanagement of Cal/OSHA investigations into workplace deaths and catastrophic injuries.
AB 2321 would require CAL/OSHA’s Bureau of Investigations to “timely notify” local district attorneys when a workplace incident involves a fatality or serious injury, specifically including cases that result in permanent total disability. This marks a notable departure from current practice, where referrals to prosecutors may occur later, if at all. Under the proposed framework, district attorneys would begin their own investigations in parallel with Cal/OSHA inspectors, creating a dual-track system intended to accelerate accountability and preserve critical evidence in the immediate aftermath of severe incidents.
The bill would also impose new procedural requirements on Cal/OSHA. The Bureau of Investigations would be required to formally document its decision-making process when choosing not to refer a case or not to pursue an investigation, as well as establish written standards for evaluating and referring both fatal and non-fatal incidents. Additionally, Cal/OSHA would be required to provide district attorneys with access to accident reports and investigative materials.
AB 2321 remains in its early stages, with hearings expected before the Assembly Labor and Employment Committee later this month. While no formal analysis or vote has taken place, this legislation is a direct response to the persistent failures within Cal-OSHA to adequately investigate workplace deaths and life-altering injuries. By forcing the involvement from district attorneys, the bill acknowledges a deeper problem within the system. Recent audits oversight discussions, and media reporting have pointed to the same conclusion: Cal/OSHA has struggled to meet its core obligation.
AB 2321 has the potential to reshape the evidentiary landscape in workplace deaths and catastrophic injury cases. Earlier involvement by district attorneys could lead to more robust fact development, increased documentation, and potentially parallel criminal proceedings that may influence civil and workers’ compensation claims. As this bill progresses, CAAA will closely monitor its development, as it could affect case strategy, coordination with investigators, and the timing and availability of critical evidence in high-stakes claims.
