Occupational safety and health: investigations.

Creates a new misdemeanor crime for willfully resisting, preventing, impeding, or interfering with the chief of Cal-OSHA or their authorized representative during investigations or inspections, or willfully violating a court order related to those duties. This imposes a state-mandated local program.

Expands an existing criminal offense (willful violation of safety standards) to cover cases causing serious injury, illness, or exposure, not just death or permanent/prolonged bodily impairment. Previously only the most severe outcomes triggered criminal liability.

Expands the immediate notification requirement to include accidents involving serious exposure, not just serious injury or death. Also changes terminology from 'incident' back to 'accident' in several provisions.

Adds Section 6314 of the Labor Code to the list of amended sections. This section is fully rewritten to modernize language and codify the chief's authority to access workplaces, obtain warrants, issue subpoenas, preserve accident sites, and allow employee representatives to accompany inspections.

Requires the Bureau of Investigations to investigate any accident in which there is a serious injury, illness, or exposure for which the division issues a citation for a willful violation. This is an additional investigation trigger beyond the existing thresholds (5+ injuries, death, or prosecution request).

Changes the automated information transmission requirement from covering 'nonfatal injuries' to 'serious injuries, illnesses, or exposures,' broadening what the division must routinely send to the bureau for review.

Requires the bureau's annual report to the Legislature to include information about cases involving a fatality that are referred to the appropriate prosecuting authority, with those specifics made confidential.

The document was reformatted from the official legislative print format (with line numbers, page headers like '92 - AB 2321', and traditional indentation) into a web-based bill tracking system layout with navigation links, search tools, and version history display.

Web navigation elements were added including quick search, bill information links, version comparison options, and subscription/favorites features typical of the California Legislature website.

The bill now also amends Labor Code Sections 6322 (confidentiality of trade secrets) and 6409.2 (notification of workplace accidents/incidents), in addition to the previously covered Sections 62.5, 6315, and 6315.3.

A new exception is created under Section 6322 permitting Cal/OSHA to disclose trade secret information to law enforcement officers or prosecutors in any law enforcement investigation or prosecution, expanding beyond the prior limitation to disclosure only within the division or in division proceedings.

Responding fire or police agencies are now required to immediately notify the district attorney's office in the county where the incident occurred, in addition to notifying the nearest Cal/OSHA division office.

The division is now required to immediately notify both its Bureau of Investigations and the district attorney's office or other appropriate prosecuting authority of the incident, regardless of whether the division received notification from the responding agency, the employer, or by other means. Previously the obligation was tied to receiving notification from the responding agency.

Section 6409.2 is revised to use the term 'incident' instead of 'accident,' broadening the scope of events triggering notification obligations.

The Alameda and Santa Clara County District Attorney pilot program now applies only to incidents resulting in death, removing 'permanent total disability' as a qualifying condition. This narrows the number of cases where county DAs must take over investigation from the state bureau.

A new reporting requirement obligates the Alameda County DA and Santa Clara County DA to separately submit reports to the Legislature by January 1, 2031, summarizing each investigation conducted under their authority, including case outcomes and whether cases were ultimately prosecuted.

The Bureau of Investigations' role was reworded from 'responsible for directing accident investigations' to 'shall immediately investigate violations,' making the bureau's duty more direct and mandatory rather than supervisory.

The term 'accident' or 'accident incident' has been replaced with 'incident' throughout the bill, broadening or clarifying the terminology to cover a wider range of workplace events beyond traditional accidents.

The referral mechanism was changed: previously the department could develop a protocol for referring cases upon request of a county district attorney; now the department may directly refer cases upon request of an appropriate prosecuting authority, and if a referral is declined the bureau must proceed with its own investigation.

The Bureau of Investigations must now 'immediately investigate' violations involving serious injury to 5 or more employees, death, or request for prosecution, rather than merely 'directing accident investigations.' The bureau also must 'immediately review' inspection reports and 'shall investigate' cases where criminal violations may have occurred, making these duties mandatory instead of discretionary.

New requirement that the bureau immediately notify the appropriate prosecuting authority upon learning of an incident involving serious injury to 5 or more employees, death, or a request for prosecution by a division representative (Section 6315(i)).

In Alameda and Santa Clara counties, the district attorney must now report to the incident scene within a reasonable time. The bureau is authorized to report to the scene but the DA remains responsible for directing the investigation in qualifying cases.

The protocol provision now requires the bureau to cooperate with the prosecuting authority and the division in cases accepted for investigation, rather than merely providing for cooperation between all three parties. The protocol may be developed upon request of a county district attorney or an appropriate prosecuting authority.

Terminology changed from 'accident' to 'incident' throughout the bill, broadening the types of workplace events covered by the investigation and notification requirements.

Funding language in Section 62.5(d)(1) simplified by removing the generic reference to 'appropriate prosecuting authorities' and specifying only the Alameda County District Attorney and Santa Clara County District Attorney as eligible to expend Occupational Safety and Health Fund or Labor and Workforce Development Fund moneys.

The bill now amends Section 62.5 of the Labor Code in addition to Sections 6315 and 6315.3, adding a large funding restructuring section that creates or reorganizes multiple state funds including the Workers' Compensation Administration Revolving Fund, Uninsured Employers Benefits Trust Fund, Subsequent Injuries Benefits Trust Fund, Occupational Safety and Health Fund, and Labor Enforcement and Compliance Fund.

New subdivision (j) of Section 6315 transfers responsibility for directing accident investigations involving death or permanent total disability from the Bureau of Investigations to the appropriate prosecuting authority. The division must timely notify the prosecuting authority and provide all initial accident reports, inspection reports, and other relevant documents. This provision becomes operative only upon appropriation of sufficient funding by the Legislature.

New subdivision (k) requires the Bureau of Investigations to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution, including a requirement to document the rationale for why it decided not to investigate or not to refer each case.

New subdivision (l) requires the division to establish a routine or automated process for transmitting information to the bureau about accident cases with nonfatal injuries so the bureau can review them.

The Occupational Safety and Health Fund is now explicitly authorized to be expended by appropriate prosecuting authorities, upon appropriation, for support of activities performed under Section 6315. The Labor and Workforce Development Fund is also authorized for this purpose.

A new state mandate reimbursement provision (Section 4) is added, providing that if the Commission on State Mandates determines the act contains costs mandated by the state, reimbursement to local agencies and school districts shall be made. The fiscal note changes from 'State-mandated local program: no' to 'yes' and 'Fiscal committee: no' to 'yes.'

Section 6315.3 annual reporting requirements are expanded: the report must now be submitted to the Legislature (not just the division/director), and must include new information on job classifications, vacancy rates, and additional positions needed to carry out the bureau's duties.

New subdivision (j)(2) defines 'permanent total disability' for purposes of the transferred investigation responsibility, incorporating the definition from Section 4662 of the Labor Code.

The transfer of investigation responsibility for fatal or permanent total disability cases from the Bureau of Investigations to prosecuting authorities is now limited to Alameda County and Santa Clara County only, instead of applying statewide. The Alameda County District Attorney or Santa Clara County District Attorney (based on where the accident occurred) takes over directing investigations and preparing prosecution cases in those counties.

The bill now includes legislative findings and declarations as to the necessity of a special statute for Alameda County and Santa Clara County, acknowledging that the law applies only to those specific jurisdictions.

A new sunset provision (subdivision j(4)) makes the county-specific investigation transfer expire on January 1, 2032, after which it becomes inoperative. This creates a defined pilot period for the local prosecutorial model.

The funding authorization in Section 62.5(d)(1) was narrowed from allowing 'appropriate prosecuting authorities' to expend Occupational Safety and Health Fund or Labor and Workforce Development Fund moneys, to specifically naming only the Alameda County District Attorney and the Santa Clara County District Attorney.

Notification requirements were tightened: in subdivision (g), referrals of investigation results to prosecuting authorities must now be made 'immediately' rather than 'in a timely manner,' and notice of legally insufficient evidence determinations must also be given 'immediately.' In subdivision (j)(1), the division must 'immediately notify' and 'immediately provide' information to the county district attorney.