A newly signed law strengthens procedures for investigating serious workplace incidents and expands potential criminal liability for certain safety violations.

Employers and those who direct or manage work face expanded potential criminal liability in California when a willful safety violation causes serious injury, illness or exposure.

Gov. Gavin Newsom signed Assembly Bill 2321 Sept. 30. The law takes effect Jan. 1, 2027, and expands Labor Code Section 6425 beyond violations causing death or permanent or prolonged bodily impairment.

The expanded offense carries existing penalties under Section 6425(a): up to one year in county jail, a fine of up to $100,000, or both. Alternatively, punishment can include 16 months, two years or three years in state prison, a fine of up to $250,000, or both. For corporations and limited liability companies, fines under that subsection can reach $1.5 million.

The law also makes willful interference with specified Cal/OSHA inspection and investigation duties a misdemeanor. The penalty is a fine of up to $5,000, up to six months in county jail, or both. Willfully violating a related court order is covered by the same provision.

Cal/OSHA's Bureau of Investigations must investigate accidents involving serious injury, illness or exposure when the agency issues a willful violation citation. The bureau must also establish written case-review procedures and document its reasons for declining to investigate or refer a case for prosecution.

Results of required investigations must be promptly referred to the appropriate prosecuting authority unless the bureau determines there is legally insufficient evidence of a criminal violation. Cal/OSHA must also establish a routine or automated process for sending serious-incident information to the bureau.

Responding fire and police agencies must immediately notify both Cal/OSHA and the county district attorney when a covered workplace accident involves serious injury, illness, exposure or death. Cal/OSHA must notify its bureau and the appropriate prosecutor regardless of how it learns of the accident. The AB 2321 text and legislative record provide the full provisions.

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