California’s Division of Occupational Safety and Health (DOSH or Cal/OSHA), within the Department of Industrial Relations (DIR), investigates workplace accidents involving fatalities and serious injuries, illnesses, or exposures. Within DOSH, the Bureau of Investigations (BOI) is responsible for investigating certain workplace safety violations that may warrant criminal prosecution. BOI is required to direct investigations involving a death, a serious injury to five (5) or more employees, or a request for prosecution by a DOSH representative. For serious injuries affecting one (1) to four (4) employees or serious exposures, BOI is generally required to review the inspection report and may investigate the matter for potential prosecution.
AB 2321 expands and strengthens DOSH’s investigation and criminal-referral procedures for serious workplace safety violations. Of note for employers, existing law imposes criminal liability on an employer or management employee who willfully violates occupational safety or health standards when the violation causes death or permanent or prolonged bodily impairment. AB 2321 expands such criminal liability to willful violations causing a serious injury, illness, or exposure.
AB 2321 requires the BOI to investigate an accident involving a serious injury, illness, or exposure when DOSH issues a citation for a willful violation. BOI must also establish written policies and procedures governing how cases are reviewed and how decisions are made about whether to investigate or refer a case for prosecution. DOSH must establish a routine or automated process for transmitting information about serious workplace incidents to BOI for review.
AB 2321 also strengthens coordination with prosecutors. DOSH must immediately notify the appropriate prosecuting authority when it learns of an accident involving a death, a serious injury, illness, or exposure affecting five or more employees, or a request for prosecution by a DOSH representative. When police, fire, or another responding agency responds to a workplace accident involving a serious injury, illness, exposure, or death, the agency must notify both DOSH and the district attorney’s office in the county where the accident occurred. BOI and DOSH must cooperate with prosecutors in cases accepted for investigation.
AB 2321 also makes it a misdemeanor to willfully resist, prevent, impede, or interfere with the DOSH chief or an authorized representative in performing specified inspection and investigation duties, or to willfully violate a related court order.
AB 2321 amends Labor Code Sections 6314, 6315, 6315.3, 6322, 6409.2, and 6425.
