On February 19, 2026, Assembly Member Liz Ortega (D–District 20), Chair of the California State Assembly's Committee on Labor and Employment, introduced Assembly Bill No. 2321 ("AB 2321"). As originally introduced, AB 2321 would have expanded the role of district attorneys throughout California in investigating workplace accidents and fatalities. Following two amendments, however, the bill's scope has been limited to Alameda and Santa Clara Counties through January 1, 2032.
If passed, AB 2321 will establish a pilot program in Alameda and Santa Clara Counties transferring responsibility for investigating certain serious workplace accidents from Cal/OSHA's Bureau of Investigation to local district attorneys. Notably, the program would not apply to all workplace injuries, only to accidents "resulting in a death or permanent total disability" of one or more employees.
Under the proposed legislation, the Cal/OSHA Bureau of Investigation must immediately notify the Alameda County District Attorney or the Santa Clara County District Attorney of any qualifying incident. The Bureau would also be required to provide the district attorney with certain information relevant to the incident, including accident reports, inspection findings, and other records necessary or helpful to the district attorney's investigation. The Alameda County District Attorney or the Santa Clara County District Attorney would then be responsible for directing the investigation and determining whether criminal prosecution is warranted.
This legislation is intended to strengthen enforcement of workplace safety laws by involving local prosecutors earlier in investigations regarding workplace fatalities and catastrophic injuries. Consistent with that objective, AB 2321 would also increase oversight of Cal/OSHA's Bureau of Investigation by imposing additional reporting and transparency requirements concerning investigative procedures and staffing information. The transfer of investigative responsibility, however, would occur only upon appropriation of sufficient funding by the Legislature. To support implementation of the pilot program, AB 2321 authorizes funding from the Occupational Safety and Health Fund and the Labor and Workforce Development Fund for district attorneys' investigatory activities.
Practical Implications for Employers
If enacted, AB 2321 could significantly increase employers' exposure to criminal workplace safety investigations in Alameda and Santa Clara Counties for accidents causing death or permanent total disability. District attorneys would become involved at the outset of such investigations, potentially resulting in increased criminal exposure. Employers should be prepared for the early heightened scrutiny of such workplace accidents.
Although AB 2321 is currently limited to Alameda and Santa Clara Counties, the bill signals a broader policy trend toward increased criminal scrutiny of workplace safety incidents. Employers should therefore monitor the legislation closely, as a successful pilot program could serve as a model for broader statewide adoption.
*Special thanks to CDF Law Clerk Carson Rodgers for his research and contributions to this article.
