Legislative Update: Crackdown on workplace safety and health investigations (AB 2321)
Let us now take a look at Assembly Bill (AB) 2321, a measure taking effect on January 1, 2027, regarding occupational safety and health investigations. In the wake of this recent enactment, California employers face a significantly altered landscape regarding workplace safety enforcement and criminal liability.
Briefly, the bill: 1) strengthens workplace safety protections by revising case investigation, review and referral procedures for the Division of Occupational Safety and Health (Cal/OSHA) and its Bureau of Investigations (BOI) to follow when responding to workplace injuries or fatalities; 2) revises procedures for case referral to prosecuting authorities; and 3) imposes misdemeanor penalties for interfering with a Cal/OSHA investigation.
1. Broadened Scope for Criminal Prosecutions
Under existing law, an employer or manager could only face criminal charges for a "willful" workplace safety violation if it resulted in an employee's death or permanent/prolonged bodily impairment.
- Now: AB 2321 drastically lowers this threshold. Starting in 2027, a willful violation that causes any "serious injury, illness, or serious exposure" can be prosecuted as a criminal offense. This expands the legal exposure of executives, safety directors, and line managers into non-fatal, temporary injuries or hazardous chemical/environmental exposures.
2. Blocking Inspectors is Now a Misdemeanor
The law places serious criminal penalties behind Cal/OSHA’s right to inspect business premises.
- Now: Willfully resisting, preventing, impeding, or interfering with a Cal/OSHA inspector is now a misdemeanor criminal offense with penalties of up to six months in county jail, a $5,000 fine, or both. Willfully violating related court orders carries the same penalty.
3. Immediate Referrals and Dual-Track Investigations
AB 2321 was passed after an audit showed that Cal/OSHA’s BOI had in the past referred fewer than 2% of serious cases to local prosecutors.
- Now: The BOI must now immediately notify and share investigation material with the local district attorney following a workplace death, a serious incident involving a willful violation citation, or an exposure affecting five or more employees. This forces a parallel, dual-track investigation between Cal/OSHA and local prosecutors from day one, exposing employers to severe criminal scrutiny much earlier in the process.
4. Explicit Notification Mandates
First responders and employers must ensure immediate communication channels are followed. Under updated protocols, police, fire departments, Cal/OSHA, and the relevant district attorney must be notified immediately following severe workplace accidents.
One can see why employer advocates such as the Chamber of Commerce expressed serious concerns with the measure as it progressed through the Legislature. Indeed, the Chamber argued just prior to passage of the law:
Recent amendments create a new problem for California employees and employers with AB 2321. August 21, 2026 amendments will make all sorts of new workplace injuries lead to criminal charges for employees or employers. This issue was not part of the bill at any point this year. Under current law, if a willful violation of a safety standard by an employee or employer causes death or prolonged impairment, then that employee or employer is guilty of a crime. AB 2321 would broaden this criminal liability so that it occurs whenever any “serious injury” occurs – which can be as minor as a cut to a finger. This will put far more employees and employers at risk of criminal charges for what has been (and should be) a workplace safety issue with no clear justification. While we are sympathetic to AB 2321’s focus on Cal/OSHA’s failures in enforcement – we must oppose this expansion of criminal liability for employers and employees.
So what can employers do now to avoid these pitfalls?
- Review Cal/OSHA Inspection Protocols: Ensure management and Human Resources are strictly trained on how to receive Cal/OSHA inspectors. Because "impeding" or "interfering" is now a misdemeanor, managers must understand the fine line between exercising the company's legal rights (e.g., requesting a warrant or consulting legal counsel) and unlawful obstruction.
- Involve Legal Counsel from Day One: Because non-fatal accidents can now spark criminal investigations right away, serious accident response protocols must mandate immediate escalation to defense counsel to preserve attorney-client privilege during internal assessments.
- Audit Safety & Training Documentation: "Willful" violations turn civil citations into criminal ones. Employers must audit their Injury and Illness Prevention Programs (IIPP) to ensure safety hazards are logged, corrected, and that employees are explicitly trained, minimizing any claims of willful negligence.
As the above employer takeaways advise, seeking legal counsel at all stages of maintaining the health and safety of your workplace is always a good idea. Whether your workplace is humming along quietly or in the off chance something has happened, Rosasco Law Group is there. Give our office a call with any and all compliance concerns.
