Bill Text: CA AB2321 | 2025-2026 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Occupational safety and health: investigations.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Enrolled) 2026-08-31 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 17.). [AB2321 Detail]

Download: California-2025-AB2321-Amended.html

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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

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Introduced by Assembly Member Ortega
(Coauthors: Assembly Members Kalra and Lee)

February 19, 2026

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An act to amend Sections 62.5, 6314, 6315, 6315.3, 6322, and 6409.2 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.

Existing

(1) Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. Existing law makes 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 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 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 bureau division to immediately notify the appropriate prosecuting authority upon learning of an incident accident in which there is a serious injury 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 department, 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, bureau and the division, in cases accepted for investigation, to cooperate with the prosecuting authority and the division. authority.

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 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. cases involving a fatality that are referred to the appropriate prosecuting authority, as specified. The bill would make the specifics of that information confidential.

Existing

(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 revise those provisions to instead refer to an “incident” rather than an “accident.” 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 incident 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 incident, 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.

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.

(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  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 62.5 of the Labor Code is amended to read:

62.5.

(a)(1)The Workers’ Compensation Administration Revolving Fund is hereby created as a special account in the State Treasury. Money in the fund may be expended by the department, upon appropriation by the Legislature, for all of the following purposes, and may not be used or borrowed for any other purpose:

(A)For the administration of the workers’ compensation program set forth in this division and Division 4 (commencing with Section 3200), other than the activities financed pursuant to paragraph (2) of subdivision (a) of Section 3702.5.

(B)For the Return-to-Work Program set forth in Section 139.48.

(C)For the enforcement of the insurance coverage program established and maintained by the Labor Commissioner pursuant to Section 90.3.

(2)The fund shall consist of surcharges made pursuant to subparagraph (A) of paragraph (1) of subdivision (f).

(b)(1)The Uninsured Employers Benefits Trust Fund is hereby created as a special trust fund account in the State Treasury, of which the director is trustee, and its sources of funds are as provided in subparagraph (A) of paragraph (1) of subdivision (f). Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the payment of nonadministrative expenses of the workers’ compensation program for workers injured while employed by uninsured employers in accordance with Article 2 (commencing with Section 3710) of Chapter 4 of Part 1 of Division 4, and shall not be used for any other purpose. All moneys collected shall be retained in the trust fund until paid as benefits to workers injured while employed by uninsured employers. Nonadministrative expenses include audits and reports of services prepared pursuant to subdivision (b) of Section 3716.1. The surcharge amount for this fund shall be stated separately.

(2)Notwithstanding any other provision of law, all references to the Uninsured Employers Fund shall mean the Uninsured Employers Benefits Trust Fund.

(3)Notwithstanding paragraph (1), in the event that budgetary restrictions or impasse prevent the timely payment of administrative expenses from the Workers’ Compensation Administration Revolving Fund, those expenses shall be advanced from the Uninsured Employers Benefits Trust Fund. Expense advances made pursuant to this paragraph shall be reimbursed in full to the Uninsured Employers Benefits Trust Fund upon enactment of the annual Budget Act.

(4)Any moneys from penalties collected pursuant to Section 3722 as a result of the insurance coverage program established under Section 90.3 shall be deposited in the State Treasury to the credit of the Workers’ Compensation Administration Revolving Fund created under this section, to cover expenses incurred by the director under the insurance coverage program. The amount of any penalties in excess of payment of administrative expenses incurred by the director for the insurance coverage program established under Section 90.3 shall be deposited in the State Treasury to the credit of the Uninsured Employers Benefits Trust Fund for nonadministrative expenses, as prescribed in paragraph (1), and notwithstanding paragraph (1), shall only be available upon appropriation by the Legislature.

(c)(1)The Subsequent Injuries Benefits Trust Fund is hereby created as a special trust fund account in the State Treasury, of which the director is trustee, and its sources of funds are as provided in subparagraph (A) of paragraph (1) of subdivision (f). Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the nonadministrative expenses of the workers’ compensation program for workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments, in accordance with Article 5 (commencing with Section 4750) of Chapter 2 of Part 2 of Division 4, and Section 4 of Article XIV of the California Constitution, and shall not be used for any other purpose. All moneys collected shall be retained in the trust fund until paid as benefits to workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments. Nonadministrative expenses include audits and reports of services pursuant to subdivision (c) of Section 4755. The surcharge amount for this fund shall be stated separately.

(2)Notwithstanding any other law, all references to the Subsequent Injuries Fund shall mean the Subsequent Injuries Benefits Trust Fund.

(3)Notwithstanding paragraph (1), in the event that budgetary restrictions or impasse prevent the timely payment of administrative expenses from the Workers’ Compensation Administration Revolving Fund, those expenses shall be advanced from the Subsequent Injuries Benefits Trust Fund. Expense advances made pursuant to this paragraph shall be reimbursed in full to the Subsequent Injuries Benefits Trust Fund upon enactment of the annual Budget Act.

(d)(1)The Occupational Safety and Health Fund is hereby created as a special account in the State Treasury. Moneys in the account may be expended by the department, upon appropriation by the Legislature, for support of the Division of Occupational Safety and Health, the Occupational Safety and Health Standards Board, and the Occupational Safety and Health Appeals Board, and the activities these entities perform as set forth in this division, and Division 5 (commencing with Section 6300). Moneys in the account or in the Labor and Workforce Development Fund may also be expended by the Alameda County District Attorney and the Santa Clara County District Attorney, upon appropriation by the Legislature, for support of the activities the Alameda County District Attorney and the Santa Clara County District Attorney perform as set forth in Section 6315.

(2)On and after the effective date of the act amending this section to add this paragraph in the 2013–14 Regular Session of the Legislature, any moneys in the Cal-OSHA Targeted Inspection and Consultation Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund, less five million dollars ($5,000,000), shall be transferred to the Occupational Safety and Health Fund. On June 30, 2014, the remaining five million dollars ($5,000,000) in the Cal-OSHA Targeted Inspection and Consultation Fund, or any remaining balance in that fund, shall be transferred to, and become part of, the Occupational Safety and Health Fund.

(e)The Labor Enforcement and Compliance Fund is hereby created as a special account in the State Treasury. Moneys in the fund may be expended by the department, upon appropriation by the Legislature, for the support of the activities that the Division of Labor Standards Enforcement performs pursuant to this division and Division 2 (commencing with Section 200), Division 3 (commencing with Section 2700), and Division 4 (commencing with Section 3200).

(f)(1)(A) Separate surcharges shall be levied by the director upon all employers, as defined in Section 3300, for purposes of deposit in the Workers’ Compensation Administration Revolving Fund, the Uninsured Employers Benefits Trust Fund, the Subsequent Injuries Benefits Trust Fund, the Labor Enforcement and Compliance Fund, and the Occupational Safety and Health Fund. The total amount of the surcharges shall be allocated between self-insured employers and insured employers in proportion to payroll respectively paid in the most recent year for which payroll information is available. The director shall adopt reasonable regulations governing the manner of collection of the surcharges. The regulations shall require the surcharges to be paid by self-insurers to be expressed as a percentage of indemnity paid during the most recent year for which information is available, and the surcharges to be paid by insured employers to be expressed as a percentage of premium. In no event shall the surcharges paid by insured employers be considered a premium for computation of a gross premium tax or agents’ commission. In no event shall the total amount of the surcharges paid by insured and self-insured employers exceed the amounts reasonably necessary to carry out the purposes of this section.

(B)Assessments shall be levied by the director upon all employers, as defined in Section 3300, as necessary, to collect the aggregate amount determined by the Fraud Assessment Commission pursuant to Section 1872.83 of the Insurance Code. Revenues derived from the assessments shall be deposited in the Workers’ Compensation Fraud Account in the Insurance Fund and shall only be expended, upon appropriation by the Legislature, for the investigation and prosecution of workers’ compensation fraud and the willful failure to secure payment of workers’ compensation, as prescribed by Section 1872.83 of the Insurance Code. The total amount of the assessment shall be allocated between self-insured employers and insured employers in proportion to payroll respectively paid in the most recent year for which payroll information is available. The director shall promulgate reasonable rules and regulations governing the manner of collection of the assessment. The rules and regulations shall require the assessment to be paid by self-insurers to be expressed as a percentage of indemnity paid during the most recent year for which information is available, and the assessment to be paid by insured employers to be expressed as a percentage of premium. In no event shall the assessment paid by insured employers be considered a premium for computation of a gross premium tax or agents’ commission.

(C)Any employer or insurer on behalf of its insured employers who fails to timely or completely make payment as required by this section shall pay a penalty of 10 percent of the unpaid amount, unless it is shown that the failure to timely or completely make payment was for reasonable cause and was not the result of willful neglect, in which case the director may waive or reduce the penalty. The director may also waive or reduce the penalty if imposition of the penalty would otherwise be unjust. If the director waives or reduces the penalty, the director has the sole discretion to determine the terms and conditions under which the penalty is waived or reduced. The director shall return any penalty the director determines has been paid by mistake.

(D)(i)Any surcharges or assessments due by an employer or insurer on behalf of its insured employers under this section shall be paid by electronic funds transfer.

(ii)Any employer or insurer on behalf of its insured employers required to remit payment by electronic funds transfer pursuant to this section who makes payment by other means shall pay a penalty of 10 percent of the payment amount, unless it is shown that the failure to make payment by electronic funds transfer was for reasonable cause and was not the result of willful neglect, in which case the director may waive or reduce the penalty. The director may also waive or reduce the penalty if imposition of the penalty would otherwise be unjust. If the director waives or reduces the penalty, the director has the sole discretion to determine the terms and conditions under which the penalty is waived or reduced. The director shall return any penalty the director determines has been paid by mistake.

(iii)Any employer or insurer on behalf of its insured employers required to remit payment by electronic funds transfer pursuant to this section may request a waiver of the requirement from the director to allow for an alternate manner of payment. The director has the sole discretion to decide whether to grant a waiver and the sole discretion to determine the terms, conditions, and duration of a waiver.

(iv)For purposes of this section, “electronic funds transfer” has the same meaning as defined in Section 20027.5 of the Government Code, except any reference in that section to the board shall mean the director. “Electronic funds transfer” also includes transfers authorized under Section 11255 of the Government Code.

(E)Penalties collected under this section shall be deposited into the Workers’ Compensation Administration Revolving Fund, except for penalties collected from private self-insured employers, which shall be deposited into the Self-Insurance Plans Fund as provided in subdivision (b) of Section 3702.5.

(2)The surcharge levied by the director for the Occupational Safety and Health Fund, pursuant to subparagraph (A) of paragraph (1), shall not generate revenues in excess of fifty-seven million dollars ($57,000,000) on and after the 2013–14 fiscal year, adjusted for each fiscal year as appropriate to fund any increases in the appropriation as approved by the Legislature, and to reconcile any over/under assessments from previous fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the California Code of Regulations. For the 2013–14 fiscal year only, the revenue cap established in this paragraph shall be reduced by an amount equivalent to the balance transferred from the Cal-OSHA Targeted Inspection and Consultation Fund established in Section 62.7, less any amount of that balance loaned to the State Public Works Enforcement Fund, to the Occupational Safety and Health Fund pursuant to subdivision (d).

(3)The surcharge levied by the director for the Labor Enforcement and Compliance Fund, pursuant to subparagraph (A) of paragraph (1), shall not exceed forty-six million dollars ($46,000,000) in the 2013–14 fiscal year, adjusted as appropriate to fund any increases in the appropriation as approved by the Legislature, and to reconcile any over/under assessments from previous fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the California Code of Regulations.

(4)The regulations adopted pursuant to paragraph (1) to (3), inclusive, shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

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 him or her 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 his or her 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 his or her 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 his or her 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 his or her their employees shall have an opportunity to accompany him or her 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 his or her 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 his or her 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.

A

(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.

Any

(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. Except as provided in subdivision (j), the

(1) The bureau shall immediately 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. The

(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 immediately review inspection reports involving a serious violation if there have been serious injuries or illnesses or serious exposures to one to four employees or a serious exposure, and shall promptly investigate those cases in which the bureau finds criminal violations may have occurred. The

(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 incident 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, 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 immediately promptly referred by the bureau to the appropriate prosecuting authority having jurisdiction for appropriate action, unless the bureau determines that there is legally insufficient evidence of a criminal violation of the law. If the bureau determines that there is legally insufficient evidence of a criminal violation of the law, the bureau shall immediately notify the appropriate prosecuting authority. authority if the prosecuting authority requests notice.

(h) The bureau may communicate with the appropriate prosecuting authority at any time the bureau deems appropriate.

(i) The bureau division shall immediately notify the appropriate prosecuting authority upon learning of an incident accident in which there is a serious injury or illness or serious exposure to five or more employees, death, or request for prosecution by a division representative. Upon the request of an appropriate prosecuting authority, the department bureau may refer cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. In cases accepted for investigation by the prosecuting authority, the bureau and division shall cooperate with the prosecuting authority and the division. authority. If a referral is declined by the prosecuting authority, the bureau shall comply with subdivisions (a) to (h), inclusive.

(j)(1)For any incident in the County of Alameda or the County of Santa Clara involving a violation of standards, orders, special orders, or Section 25910 of the Health and Safety Code that results in a death, the Alameda County District Attorney or the Santa Clara County District Attorney, based on the county in which the incident occurred, shall investigate and prepare cases for the purpose of prosecution. The division shall immediately notify the Alameda County District Attorney or the Santa Clara County District Attorney of that incident and shall immediately provide the Alameda County District Attorney or the Santa Clara County District Attorney with all of the following:

(A)All initial incident reports.

(B)Any inspection report for an inspection involving a serious violation where there is a death.

(C)Any other division report necessary for the Alameda County District Attorney’s or the Santa Clara County District Attorney’s investigation.

(D)Any other document in the possession of the division that is requested by the Alameda County District Attorney or the Santa Clara County District Attorney for its review or investigation or that the division determines will be helpful to the Alameda County District Attorney or the Santa Clara County District Attorney in its investigation of the case.

(2)The Alameda County District Attorney or the Santa Clara County District Attorney, based on the county in which the incident occurred, shall report to the incident scene within a reasonable time. The bureau is authorized to report to the incident scene but, in any case fitting the criteria of paragraph (1), the Alameda County District Attorney or the Santa Clara County District Attorney shall be responsible for directing the incident investigation.

(3)The Alameda County District Attorney and the Santa Clara County District Attorney shall, by January 1, 2031, separately submit to the Legislature a report that includes, at a minimum, a summary of each of the investigations conducted pursuant to their authority in this subdivision, as well as information about case outcomes, including whether those cases were ultimately prosecuted. The Alameda County District Attorney and the Santa Clara County District Attorney shall file their separate reports in compliance with Section 9795 of the Government Code.

(4)This subdivision shall become operative upon appropriation by the Legislature of sufficient funding for this purpose.

(5)This subdivision shall remain in effect only until January 1, 2032, and, as of that date, is inoperative.

(k)

(j) The bureau shall establish written policies and procedures for the process of reviewing cases and deciding whether to investigate or refer them for prosecution, including, but not limited to, prosecution. The policies and procedures shall include a requirement that the bureau documents a its rationale for why it has decided not to investigate or not to refer each case. not investigating or referring a case.

(l)

(k) The division shall establish a routine or automated process for transmitting information to the bureau about incident cases with nonfatal injuries serious injuries or illnesses or serious exposures so that the bureau can review them pursuant to this section. subdivision (a).

SEC. 3.

 Section 6315.3 of the Labor Code is amended to read:

6315.3.

 The bureau shall, not later than February 15, annually submit to the division for submission to the director, and to the Legislature pursuant to Section 9795 of the Government Code, a report on the activities of the bureau, including, but not limited to, the following:

(a) Totals of each type of report provided the bureau under each category in subdivision (b) of Section 6315.

(b) Totals of each type of case reflecting the number of investigations and court cases in progress at the start of the calendar year being reported, investigations completed in the calendar year, completed investigations referred to appropriate prosecuting authorities in the calendar year, and investigations and court cases in progress at the end of the calendar year. The types of cases shall include the following:

(1) Those that the bureau is required to investigate, divided into fatalities, serious injuries or illnesses or serious exposures to five or more employees, serious injuries or illnesses or serious exposures caused by willful violations, and requests for prosecution from a division representative.

(2) Those that were initiated by the bureau following the review required in paragraph (3) of subdivision (a) of Section 6315, divided into serious injuries or illnesses and serious exposures to fewer than five employees and serious exposures. not caused by a willful violation.

(c) A summary of the dispositions in the calendar year of cases referred by the bureau to appropriate prosecuting authorities. The summary shall be divided into the types of cases, as described in subdivision (b), and shall show at least the violation, the statute for which the case was referred for prosecution, and the dates of referral to the bureau for investigation, referral from the bureau for prosecution, and the final court action if the case was prosecuted.

(d) If a case involving a fatality is referred by the bureau to the appropriate prosecuting authority but the prosecuting authority declines to prosecute due to an inadequate investigation by the bureau, the bureau shall report that decision and the reason therefor to the Legislature. The specifics contained in that report shall be kept confidential and not publicly available.

(d)

(e) A summary of investigations completed in the calendar year that did not result in a referral for prosecution, divided into the types of cases as described in subdivision (b), showing the violation and the reasons for nonreferral.

(e)

(f) A summary of the use of the bureau’s resources in accomplishing the bureau’s mission.

(f)The total number of vacancies for bureau positions, each job classification in the prior fiscal year, and any additional positions needed to carry out the bureau’s duties.

SEC. 4.

 Section 6322 of the Labor Code is amended to read:

6322.

 All information reported to or otherwise obtained by the chief or representatives of the chief in connection with any inspection or proceeding of the division that contains or that might reveal a trade secret referred to in Section 1905 of Title 18 of the United States Code, or other information that is confidential pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, shall 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, or to law enforcement officers or prosecutors in any law enforcement investigation or prosecution. The appeals board, standards board, the courts, or the director shall in that type of proceeding issue orders as may be appropriate to protect the confidentiality of trade secrets. Violation of this section is a misdemeanor.

SEC. 5.

 Section 6409.2 of the Labor Code is amended to read:

6409.2.

 (a) Whenever a state, county, or local fire or police agency is called to an incident accident involving an employee covered by this part in which a serious injury or illness, or serious exposure, or death occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health by telephone, as well as the district attorney’s office in the county where the incident occurred.

(b) The division shall immediately notify the bureau and the district attorney’s office or other appropriate prosecuting authority, of the incident, accident, whether the division received notification by the responding agency, the employer, or by other means.

SEC. 6.

 Section 6425 of the Labor Code is amended to read:

6425.

 (a) Any employer and 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, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death to any employee, or caused permanent or prolonged impairment of the body of any employee, or caused serious injury or illness or serious exposure, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine; or by imprisonment in the state prison for 16 months, or two or three years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; and in either case, if the defendant is a corporation or a limited liability company, the fine may not exceed one million five hundred thousand dollars ($1,500,000).

(b) If the conviction is for a violation committed within seven years after a conviction under subdivision (b), (c), or (d) of Section 6423 or subdivision (c) of Section 6430, punishment shall be by imprisonment in state prison for a term of 16 months, two, or three years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or limited liability company, the fine may not be less than five hundred thousand dollars ($500,000) or more than two million five hundred thousand dollars ($2,500,000).

(c) If the conviction is for a violation committed within seven years after a first conviction of the defendant for any crime involving a violation of subdivision (a), punishment shall be by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company, the fine shall not be less than one million dollars ($1,000,000) but may not exceed three million five hundred thousand dollars ($3,500,000).

(d) In determining the amount of fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require.

(e) As used in this section, “willfully” has the same definition as it has in Section 7 of the Penal Code. This subdivision is intended to be a codification of existing law.

(f) This section does not prohibit a prosecution under Section 192 of the Penal Code.

SEC. 6.

The Legislature finds and declares, with respect to Sections 1 and 2 of this act, that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Alameda and the County of Santa Clara.

SEC. 7.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 7.

 The Legislature finds and declares that Section 3 of this act, which amends Section 6315.3 of the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to not reveal prosecutorial strategy or decisionmaking due to the sensitive nature of this work, it is necessary that this information remains confidential.

SEC. 8.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.