Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. 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 require the bureau to establish written policies and procedures for the process of 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 nonfatal injuries 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 bureau to immediately notify the appropriate prosecuting authority upon learning of an incident in which there is a serious injury 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 department, 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, in cases accepted for investigation, to cooperate with the prosecuting authority and the division.
For an incident in the County of Alameda or the County of Santa Clara resulting in a death, the bill would require the Alameda County District Attorney or the Santa Clara County District Attorney, based on the county in which the incident occurred, until January 1, 2032, to investigate and prepare cases for prosecution and submit a specified report to the Legislature, subject to an appropriation by the Legislature of sufficient funding for this purpose. The bill would also require the division to immediately notify the Alameda County District Attorney or the Santa Clara County District Attorney and provide it with certain relevant information about the incident. The bill would make other related and conforming changes to these provisions. The bill would also authorize moneys in the Occupational Safety and Health Fund or the Labor and Workforce Development Fund to be expended by the Alameda County District Attorney or the Santa Clara County District Attorney, upon appropriation, for the support of these investigatory activities. By imposing new responsibilities on local officials, this bill would impose a state-mandated local program.
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 job classifications and vacancies within the bureau.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda and the County of Santa Clara.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Statutes affected:
AB2321: 62.5 LAB, 62.5 LAB, 6315 LAB, 6315.3 LAB, 6315.3 LAB
02/19/26 - Introduced: 6315 LAB
03/16/26 - Amended Assembly: 62.5 LAB, 62.5 LAB, 6315 LAB, 6315.3 LAB, 6315.3 LAB
05/18/26 - Amended Assembly: 62.5 LAB, 6315 LAB, 6315.3 LAB
06/16/26 - Amended Senate: 62.5 LAB, 6315 LAB, 6315.3 LAB
06/29/26 - Amended Senate: 62.5 LAB, 6315 LAB, 6315.3 LAB
AB 2321: 6315 LAB