New California Law Expands Cal/OSHA Enforcement Power

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. 

Overview

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.

Top 3 Changes Impacting Employers

1. Expanded Triggers for Mandatory BOI Investigations 

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 Cal/OSHA issues a citation of a willful violation.

In addition, BOI will be required to review inspection reports involving a serious violation if there are serious injuries or illnesses or serious exposures (current law refers only to serious injuries) to one to four employees and to promptly investigate those cases if BOI finds criminal violations may have occurred.

Toolkit: Developing Effective Safety Management Programs 

2. “Immediate” Referrals to Prosecutors

California law currently requires BOI to refer the results of mandatory investigations to the prosecuting authority with jurisdiction. Once the AB 2321 changes kick in, BOI will also be required to immediately notify the appropriate prosecuting authority upon learning of an accident involving a serious injury or illness or serious exposure to five or more employees, death, or Cal/OSHA request for prosecution.

These changes aim to increase BOI’s referral rate for criminal prosecution, which was just 1.7% of cases in its jurisdiction between 2019 and 2022, according to an Assembly Floor Analysis. The author of the bill cited BOI’s practice of waiting to investigate until the close of a Cal/OSHA inspection and “wasting critical time needed to obtain evidence and witness statements” as one reason for the low referral rate. It is important to note for context, however, that BOI was severely understaffed during this period and BOI’s staffing levels have significantly increased in recent years resulting in more criminal investigations.

3. New Misdemeanor Raises Major Concerns for Employers’ Lawful Objections 

Starting in 2027, it will be a misdemeanor for any person who (1) “willfully resists, prevents, impedes, or interferes with” Cal/OSHA in the performance of their duties, or (2) in any manner willfully violates an order of the court relating to those duties. The misdemeanor is punishable by imprisonment in a county jail for up to six months, in addition to a fine. 

These new criminal penalties raise significant concerns about an employer’s ability to lawfully object to a Cal/OSHA inspection (such as objecting when an inspector refuses to provide a reason for the inspection or when applicable warrant requirements are not satisfied). This provision will likely be challenged as unconstitutional on its face under the Fourth Amendment’s prohibition of unreasonable searches and seizures because it does not allow employers to question the reasonableness of the government’s investigatory process. 

Toolkit: Complying with California Safety Standards 

Top 3 Action Items for Employers

Here are three steps you should consider taking now before the sweeping changes under AB 2321 take effect Jan. 1:

• Train your leadership teams to understand that any serious Cal/OSHA matter may potentially involve three parallel tracks, including:
• The ordinary Cal/OSHA inspection and citation process.
• A BOI criminal investigation.
• A criminal investigation and prosecution process by a local district attorney or other prosecuting authority.
• Establish an inspection response plan. This plan should identify a designated team (including safety, HR, management, and legal professionals) who should be notified immediately when there is a serious workplace incident or Cal/OSHA inspection involving potentially significant safety violations. Your plan also should set protocols for handling the inspection (for example, regarding communications with inspectors and preservation of documents, videos, and equipment).
• Know your rights and involve counsel early on. Despite the workplace safety law changes taking effect in 2027, employers maintain important rights when it comes to Cal/OSHA activities at their worksites. It is crucial that your leadership team understands these rights and how to balance them with practical considerations involving the investigatory agencies and the likelihood of criminal prosecution. Involving OSHA counsel early on can help you assess regulatory and criminal exposure, navigate your options during the investigations, and preserve attorney-client privilege to employer communications and work product related to your defense. 

Micah Dickie is an attorney with Fisher Phillips in Atlanta. Andrew J. Sommer is an attorney with Fisher Phillips in Los Angeles. © 2026 Fisher Phillips. All rights reserved. Reposted with permission.