California Lawmaker Introduces Bill to Shift Workplace Incident Investigations to Prosecutors

California Legislation Targets Workplace Investigation Shortfalls

In Sacramento, CA, on May 12, 2026, Assemblymember Liz Ortega (D-San Leandro) introduced A.B. 2321, which would shift the responsibility for investigating workplace deaths and incidents involving permanent disability from the Division of Occupational Safety and Health to state prosecutors, according to Safety+Health Magazine. The bill responds to a state audit published in July that uncovered deficiencies in Cal/OSHA’s enforcement processes and staffing levels.

Audit Reveals Enforcement Weaknesses

The audit reviewed 60 case files that Cal/OSHA oversaw from fiscal years 2019-2020 through 2023-2024 and determined that Cal/OSHA did not demonstrate sufficient reasons for closing some workplace complaints and accidents without conducting an onsite inspection. Auditors also observed critical weaknesses in the onsite inspections that Cal/OSHA conducted, identifying the agency’s process deficiencies and staffing shortages as root causes for many of the concerns identified. As is widely known, Cal/OSHA handles workplace safety enforcement in California, making these findings particularly relevant to ongoing regulatory efforts.

Assemblymember Ortega’s Rationale

During an Assembly hearing last year, Ortega stated that she introduced the legislation to address the problems highlighted in the audit and to ensure solutions are implemented, emphasizing that every worker should have the right to go home at the end of the day. According to Safety+Health Magazine, this move aims to strengthen workplace protections in the state.

Bill’s Current Status

A.B. 2321 is currently before the State Assembly Appropriations Committee, where it will undergo further review. This development builds on the audit’s findings, potentially altering how serious workplace incidents are handled in California, as reported by Safety+Health Magazine.