On February 19, 2026, Assembly Member Liz Ortega (D–District 20), Chair of the California State Assembly's Committee on Labor and Employment, introduced Assembly Bill No. 2321 ("AB 2321"). As originally introduced, AB 2321 would have expanded the role of district attorneys throughout California in investigating workplace accidents and fatalities. Following two amendments, however, the bill's scope has been limited to Alameda and Santa Clara Counties through January 1, 2032.
If passed, AB 2321 will establish a pilot program in Alameda and Santa Clara Counties transferring responsibility for investigating certain serious workplace accidents from Cal/OSHA's Bureau of Investigation to local district attorneys. Notably, the program would not apply to all workplace injuries, only to accidents "resulting in a death or permanent total disability" of one or more employees.
Under the proposed legislation, the Cal/OSHA Bureau of Investigation must immediately notify the Alameda County District Attorney or the Santa Clara County District Attorney of any qualifying incident. The Bureau would also be required to provide the district attorney with certain information relevant to the incident, including accident reports, inspection findings, and other records necessary or helpful to the district attorney's investigation. The Alameda County District Attorney or the Santa Clara County District Attorney would then be responsible for directing the investigation and determining whether...
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