California employers must get ready for a new law that will significantly ramp up workplace safety enforcement by the state’s Division of Occupational Safety and Health (Cal/OSHA) and its Bureau of Investigations (BOI). Governor Gavin Newsom signed a bill yesterday that will reform how BOI handles cases, strengthen collaboration with public prosecutors, and make interfering with a Cal/OSHA investigation a misdemeanor criminal offense — putting more teeth behind the state’s robust worker protections and raising significant concerns for employers.
Governor Newsom just signed a bill (AB 2321) that was introduced by worker advocates in response to alleged concerns over how BOI was handling cases and referring them to county district attorneys for criminal investigation and prosecution. The new law, which takes effect Jan. 1, 2027, makes major changes to the state’s existing laws regarding Cal/OSHA’s and BOI’s enforcement powers and responsibilities.
BOI will be required to promptly investigate certain workplace safety violations where there is a worker death, serious injury — or a serious illness or exposure (which are not circumstances requiring investigation under current law) — to five or more employees, or a Cal/OSHA request for prosecution. There’s also a new requirement to investigate any accident involving a serious injury or illness or a serious exposure for which...
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