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Quick Hits
- A bill in the California Legislature would establish a pilot program in Alameda and Santa Clara counties that would make district attorneys responsible for directing workplace accident investigations and prosecuting cases of workplace fatalities and other serious accidents.
- The bill would require “immediate” notification by the Cal/OSHA Bureau of Investigation to the Alameda or Santa Clara district attorney’s office for immediate investigation in cases involving accidents “resulting in a death or permanent total disability.”
- The bill, if enacted, would remain in effect until 2032.
Assembly Member Liz Ortega (D-District 20), chair of the California State Assembly’s Committee on Labor and Employment, amended her bill in May 2026, Assembly Bill (AB) No. 2321, introduced in March 2026 and which originally would have applied statewide.
The bill would require “immediate” notification by the California Division of Occupational Safety and Health (Cal/OSHA) Bureau of Investigation to the Alameda or Santa Clara district attorney’s office for immediate investigation in cases involving accidents “resulting in a death or permanent total disability.”
The amended bill borrows the workers compensation code term “total permanent disability,” but it remains unclear how the referral would occur from the workers compensation system to Cal/OSHA and then to the district attorney.
It is unclear how the two Bay Area counties would receive funding for the proposed state-mandated local program with these additional investigation and prosecution duties.
The bill has passed the Assembly and is now in the California State Senate proceeding to committees.
Ogletree Deakins’ California offices and Workplace Safety and Health Practice Group will continue to monitor developments and provide updates on the California and Workplace Safety and Health blogs as additional information becomes available.
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