Key takeaways

Assembly Member Liz Ortega introduced AB 2321 on February 19, 2026, to modify case review procedures for Cal/OSHA's Bureau of Investigation.

The California Senate Committee on Labor, Public Employment, and Retirement advanced the bill on June 24, 2026.

The legislation establishes a criminal referral pilot program for workplace safety violations.

The bill's original intent focused on expanding the role of district attorneys in investigating workplace fatalities.

The Development

On June 24, 2026, the California Senate Committee on Labor, Public Employment, and Retirement voted to pass AB 2321 (California). Assembly Member Liz Ortega introduced the legislation earlier this year, on February 19, 2026. The bill proposes significant modifications to the case review procedures utilized by the California Division of Occupational Safety and Health—commonly known as Cal/OSHA—and its specialized Bureau of Investigation. Legal media first reported on the development of this pilot program on or about June 10, 2026, noting the potential shift in enforcement strategy. The legislation is specifically designed to create a criminal referral pilot program aimed at streamlining the process of prosecuting workplace safety violations.

Why It Matters

The advancement of AB 2321 (California) signals a concentrated effort by state lawmakers to increase the severity of consequences for workplace safety failures. By creating a criminal referral pilot program, the state aims to formalize and accelerate the process by which occupational safety investigators hand cases over to local prosecutors. The original intent of the bill included expanding the role of district attorneys in workplace fatality investigations.

This matters because administrative penalties and civil citations often serve as the primary methods of enforcing occupational safety standards. Transitioning a greater volume of cases into the criminal justice system alters the risk calculus for corporate officers and safety managers. If enacted, this framework may increase the frequency of criminal prosecutions against employers following fatal workplace accidents, moving enforcement beyond traditional regulatory fines. The pilot program structure suggests the legislature is testing these expanded prosecutorial roles before potentially implementing them on a permanent, statewide basis.

Who Should Care

For lawyers

Attorneys advising California employers on occupational safety compliance must monitor this legislation closely. The creation of a formal criminal referral pilot program means that routine Cal/OSHA investigations could more easily transition into criminal proceedings. Defense counsel will need to prepare clients for the possibility that district attorneys will take an active role earlier in workplace fatality investigations, altering the strategy for responding to initial inquiries by the Bureau of Investigation. Corporate counsel should review their incident response protocols to ensure that management is prepared for immediate criminal exposure following any severe workplace accident.

For consumers and workers

Employees in California and their families should understand that this bill seeks to increase accountability for workplace deaths. When an employer violates safety rules resulting in a fatality, the proposed pilot program is designed to streamline the process of sending those cases to local prosecutors for potential criminal charges. This provides an additional layer of enforcement beyond standard regulatory fines, aiming to deter dangerous workplace conditions through the threat of criminal prosecution.

Legal Background

Under existing California frameworks, Cal/OSHA is responsible for enforcing workplace safety and health regulations across the state. When a severe injury or fatality occurs, the agency conducts a comprehensive investigation to determine if the employer violated safety standards. The Bureau of Investigation, a specialized unit within Cal/OSHA, is specifically tasked with directing investigations that may result in criminal prosecution.

Historically, the referral of these matters to local district attorneys has involved specific administrative procedures and internal case reviews. The Bureau of Investigation evaluates the evidence to determine if an employer's conduct rises to the level of criminal negligence or willful violation of safety orders. AB 2321 (California) targets these existing case review procedures, proposing structural changes to how and when the Bureau of Investigation shares its findings with prosecutors. The goal is to remove procedural friction that might otherwise delay or prevent criminal charges in fatal workplace incidents.

What the Legislature Did

By advancing AB 2321 (California) out of committee on June 24, 2026, state senators approved the framework for the criminal referral pilot program. The bill modifies the procedural steps the Bureau of Investigation must follow when reviewing cases for potential criminal liability.

The legislative effort focuses on expanding the role of district attorneys, giving them a more defined pathway to receive and act upon workplace fatality investigations conducted by Cal/OSHA. Rather than relying solely on the traditional referral mechanisms, the pilot program establishes a dedicated track for these severe cases. The committee's approval marks a critical step in moving the bill toward a full floor vote, reflecting legislative support for enhanced criminal enforcement in the occupational safety sector.

How It May Be Applied

If the full legislature passes the bill and it becomes law, the pilot program will test a new standard for inter-agency cooperation between Cal/OSHA and local prosecutors. District attorneys in participating jurisdictions will likely receive case files faster and with more direct procedural support from the Bureau of Investigation.

Open questions remain regarding the specific mechanics of the pilot program. It is unclear exactly how the state will measure the program's success before deciding whether to make the referral procedures permanent. Furthermore, employers will need to see how aggressively district attorneys utilize their expanded role in workplace fatality investigations. Companies operating in California may need to conduct more rigorous internal audits and safety training to mitigate the heightened risk of criminal liability.

Procedural Comparison

Feature	Current Enforcement Framework	Proposed by AB 2321
Case Review	Standard Bureau of Investigation procedures	Modified procedures under a pilot program
Prosecutor Role	Standard district attorney involvement	Expanded role in workplace fatality investigations
Referral Structure	General administrative referral process	Specific criminal referral pilot program

Plain-English Breakdown

What this means: When a worker dies on the job in California, state safety inspectors investigate the accident to see if the employer broke the rules. Currently, there is a process for sending the worst cases to prosecutors to file criminal charges against the employer. Assembly Bill 2321 creates a test program to change how these cases are reviewed and sent to district attorneys. The legislation aims to give local prosecutors a larger role in holding employers criminally responsible for fatal safety failures, making it easier for state investigators to hand over evidence for criminal trials.

This article is general legal information and commentary about legal developments. It is not legal advice, does not address your specific situation, and is not a substitute for advice from a licensed attorney. Reading this article and contacting us through this website do not create an attorney-client relationship.

Sources & authorities

AB 2321 (California) — source

California Senate Committee Advances Cal/OSHA Criminal Referral Bill

Key takeaways