AB2321 - Occupational safety and health: investigations.

Amended IN Senate August 27, 2026 Amended IN Senate August 21, 2026 Amended IN Senate August 13, 2026 Amended IN Senate June 29, 2026 Amended IN Senate June 16, 2026 Amended IN Assembly May 18, 2026 Amended IN Assembly March 16, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2321 Introduced by Assembly Member Ortega (Coauthors: Assembly Members Kalra and Lee) February 19, 2026 An act to amend Sections 6314, 6315, 6315.3, 6322, 6409.2, and 6425 of the Labor Code, relating to occupational safety and health. LEGISLATIVE COUNSEL'S DIGEST AB 2321, as amended, Ortega. Occupational safety and health: investigations. (1) Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. Existing law requires the division to investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury, illness, or exposure, except as specified. Existing law requires the chief of the division and all qualified inspectors and investigators authorized by the chief to have free access to any place of employment to investigate and inspect and sets forth various other duties related to investigation and inspection, as specified. This bill would make it a misdemeanor to willfully resist, prevent, impede, or interfere with the chief or their authorized representative in the performance of the above-described duties or to willfully violate an order of the court relating to those duties. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a public offense for any employer or any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee who willfully violates any occupational safety or health standard, order, special order, if that violation caused death or permanent or prolonged impairment to the body of an employee, as specified. This bill would additionally make it a public offense if that violation caused serious injury, illness, or exposure. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) Existing law makes the Bureau of Investigations within the Division of Occupational Safety and Health responsible for directing accident investigations involving violations of laws, standards, and orders in which there is a serious injury to 5 or more employees, death, or request for prosecution by a division representative. Existing law requires the bureau to review inspection reports involving a serious violation if there have been serious injuries to one to 4 employees or a serious exposure, and authorizes the bureau to investigate cases for the purpose of prosecution, as specified. Existing law requires the bureau to refer the results of investigations it is required to conduct to the appropriate prosecuting authority having jurisdiction for appropriate action unless it determines that there is legally insufficient evidence of a violation of the law. This bill would revise and recast these requirements to, among other things, additionally require the bureau to investigate any accident in which there is a serious injury, illness, or exposure for which the division issues a citation for a willful violation. The bill would require the bureau to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution. The bill would also require the division to establish a routine or automated process for transmitting information to the bureau about incidents with serious injuries, illnesses, or exposures so that the bureau can review them. Existing law authorizes the department, upon the request of a county district attorney, to develop a protocol for the referral of cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. This bill would require the division to immediately notify the appropriate prosecuting authority upon learning of an accident in which there is a serious injury, illness, or exposure to 5 or more employees, death, or request for prosecution by a division representative. The bill would delete the above-described provisions regarding developing a protocol and would instead authorize the bureau, upon request of an appropriate prosecuting authority, to refer cases that may involve criminal conduct to the appropriate prosecuting authority, as specified. The bill would require the bureau and the division, in cases accepted for investigation, to cooperate with the prosecuting authority. Existing law requires the bureau to submit an annual report to the division on its activities. This bill would additionally require the report to be submitted to the Legislature and to include information relating to certain cases involving a fatality that are referred by the bureau to the appropriate prosecuting authority, as specified. The bill would make the specifics of that information confidential. (3) Existing law requires all information reported to or otherwise obtained by the Chief of the Division of Occupational Safety and Health or representatives of the chief in connection with any inspection or proceeding of the division that contains or that might reveal a trade secret to be considered confidential, except that this information may be disclosed to other officers or employees of the division concerned with carrying out the purposes of the division or when relevant in any proceeding of the division, as specified. This bill would revise the above-described exception to also permit this information to be disclosed to law enforcement officers or prosecutors in any law enforcement investigation or prosecution. Existing law requires the responding agency, whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by the California Occupational Safety and Health Act of 1973 in which a serious injury or illness, or death occurs, to immediately notify the nearest division office. Existing law then requires the division to immediately notify the appropriate prosecuting authority of the accident. This bill would expand this requirement to include an accident in which a serious exposure occurs. The bill would also require the responding agency to immediately notify the district attorney’s office in the county where the accident occurred. The bill would additionally require the division to immediately notify the bureau, and the district attorney’s office or other appropriate prosecuting authority, of the accident, whether the division received notification by the responding agency, the employer, or by other means. The bill would make other related and conforming changes to those provisions. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 6314 of the Labor Code is amended to read: 6314. (a) To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and investigators authorized by the chief shall, upon presenting appropriate credentials to the employer, have free access to any place of employment to investigate and inspect during regular working hours, and at other reasonable times when necessary for the protection of safety and health, and within reasonable limits and in a reasonable manner. The chief or their authorized representative may, during the course of any investigation or inspection, obtain any statistics, information, or any physical materials in the possession of the employer that are directly related to the purpose of the investigation or inspection, conduct any tests necessary to the investigation or inspection, and take photographs. Photographs taken by the division during the course of any investigation or inspection shall be considered to be confidential information pursuant to the provisions of Section 6322, and shall not be deemed to be public records for purposes of the California Public Records Act. (b) If permission to investigate or inspect the place of employment is refused, or the facts or circumstances reasonably justify the failure to seek permission, the chief or their authorized representative may obtain an inspection warrant pursuant to the provisions of Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. Cause for the issuance of a warrant shall be deemed to exist if there has been an industrial accident, injury, or illness reported, if any complaint that violations of occupational safety and health standards exist at the place of employment has been received by the division, or if the place of employment to be inspected has been chosen on the basis of specific neutral criteria contained in a general administrative plan for the enforcement of this division. (c) The chief and their authorized representatives may issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, and physical materials, administer oaths, examine witnesses under oath, take verification or proof of written materials, and take depositions and affidavits for the purpose of carrying out the duties of the division. (d) In the course of any investigation or inspection of an employer or place of employment by an authorized representative of the division, a representative of the employer and a representative authorized by their employees shall have an opportunity to accompany the authorized representative of the division on the tour of inspection. Any employee or employer, or their authorized representatives, shall have the right to discuss safety and health violations or safety and health problems with the inspector privately during the course of an investigation or inspection. Where there is no authorized employee representative, the chief or their authorized representatives shall consult with a reasonable number of employees concerning matters of health and safety of the place of employment. (e) During any investigation of an industrial accident or occupational illness conducted by the division pursuant to the provisions of Section 6313, the chief or their authorized representative may issue an order to preserve physical materials or the accident site as they were at the time the accident or illness occurred if, in the opinion of the division, it is necessary to do so in order to determine the cause or causes of the accident or illness, and the evidence is in potential danger of being removed, altered, or tampered with. Under these circumstances, the division shall issue that order in a manner that will avoid, to the extent possible, any interference with normal business operations. (1) A conspicuous notice that an order has been issued shall be prepared by the division and shall be posted by the employer in the area or on the article to be preserved. The order shall be limited to the immediate area and the machines, devices, apparatus, or equipment directly associated with the accident or illness. (2) Any person who knowingly violates an order issued by the division pursuant to this subdivision shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000). (f) Any person who willfully resists, prevents, impedes, or interferes with the chief or their authorized representative in the performance of their duties under subdivisions (a) to (d), inclusive, of this section, or who in any manner willfully violates an order of the court relating to those duties is guilty of a misdemeanor, punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding five thousand dollars ($5,000) or both. SEC. 2. Section 6315 of the Labor Code is amended to read: 6315. (a) There is within the division a Bureau of Investigations. (1) The bureau shall promptly investigate violations of standards, orders, special orders, or Section 25910 of the Health and Safety Code, in which there is a serious injury or illness or a serious exposure to five or more employees, death, or request for prosecution by a division representative. (2) The bureau shall investigate any accident in which there is a serious injury or illness or a serious exposure for which the division issues a citation of a willful violation. (3) The bureau shall review inspection reports involving a serious violation if there have been serious injuries or illnesses or serious exposures to one to four employees and shall promptly investigate those cases in which the bureau finds criminal violations may have occurred. (4) The bureau shall prepare and refer cases for the purpose of prosecution, including evidence and findings. (b) The division shall provide the bureau with all of the following: (1) All initial accident reports. (2) The division’s inspection reports necessary for the bureau’s review or investigation required pursuant to subdivision (a). (3) Any other documents in the possession of the division requested by the bureau for its review or investigation of any case or that the division determines will be helpful to the bureau in its investigation of the case. (c) The supervisor of the bureau is the administrative chief of the bureau, and shall be an attorney. (d) The bureau shall be staffed by as many attorneys and investigators as are necessary to carry out the purposes of this chapter. To the extent possible, the attorneys and investigators shall be experienced in criminal law. (e) The supervisor of the bureau and bureau representatives designated by the supervisor have a right of access to all places of employment necessary to the investigation, may collect any evidence or samples they deem necessary to an investigation, and have all of the powers enumerated in Section 6314. (f) The supervisor of the bureau and bureau representatives designated by the supervisor may serve all processes and notices throughout the state. (g) In any case in which the bureau is required to conduct an investigation pursuant to subdivision (a) and in which there is a serious injury or illness, a serious exposure, or death, the results of the investigation shall be promptly ref [Text truncated for display. Full text available on Congress.gov.]