In this guide7 sections
Governor Gavin Newsom signed AB 2321 on September 30, 2026, making it a crime to willfully obstruct a Cal/OSHA investigation and requiring faster referrals to prosecutors when California workers are killed or seriously hurt on the job.
The law, written by Assemblymember Liz Ortega (D-San Leandro), takes effect January 1, 2027. It does not change how you file a workers’ comp claim, but it changes what happens after a serious workplace accident: who gets notified, how quickly, and when an employer’s safety failures can become a criminal case.
Below we explain what the law does, why it passed, and what you can do now if you or a coworker was hurt or you are worried about an unsafe job.
- AB 2321 was signed on September 30, 2026 and takes effect January 1, 2027.
- Willfully obstructing a Cal/OSHA investigation becomes a misdemeanor: up to six months in jail and a $5,000 fine.
- A willful safety violation that causes a serious injury, illness or exposure can now be prosecuted, not only one that causes death or permanent impairment.
- Police, fire, Cal/OSHA and the district attorney must be notified immediately after serious workplace accidents.
- Your right to report hazards without retaliation (Labor Code 6310) and your workers’ comp rights are unchanged.
What happened
AB 2321 was approved by the Governor and filed with the Secretary of State on September 30, 2026, as Chapter 936 of the Statutes of 2026, according to the official bill record on the Legislature’s website. It amends six sections of the Labor Code that govern Cal/OSHA investigations: Sections 6314, 6315, 6315.3, 6322, 6409.2 and 6425.
The bill grew out of a July 2024 state audit of Cal/OSHA. As reported by Safety+Health magazine, auditors reviewed 60 case files and found the agency did not always show sufficient reasons for closing complaints and accident reports without an onsite inspection. Ortega introduced the bill in response, and an earlier version would have shifted much more investigative authority to prosecutors. The final version keeps investigations with Cal/OSHA but adds deadlines, notice requirements and new criminal penalties.
In September, KTVU reported that Ortega publicly criticized Cal/OSHA over the handling of worker deaths at a San Leandro metal recycling business, including a 2025 case the agency said it had referred to the district attorney but that prosecutors said they had not received. KTVU also reported that about 35% of Cal/OSHA field inspector positions were unfilled.
| Date | Event |
|---|---|
| July 2024 | State audit finds weaknesses in how Cal/OSHA handled complaints and accident reports |
| 2026 session | AB 2321 introduced and amended several times as it moved through the Legislature |
| September 30, 2026 | Signed by the Governor; chaptered as Chapter 936 |
| January 1, 2027 | Law takes effect |
What the new law does
Based on the bill text and the Legislative Counsel’s Digest, AB 2321 makes five main changes.
- Obstructing an inspector becomes a crime. Anyone who willfully resists, prevents, impedes or interferes with Cal/OSHA inspectors doing their investigation duties, or willfully violates a related court order, is guilty of a misdemeanor punishable by up to six months in county jail, a fine of up to $5,000, or both (Labor Code 6314).
- Criminal liability reaches serious injuries, not only deaths. Before, a willful safety violation was a crime under Labor Code 6425 when it caused a death or permanent or prolonged impairment. Now it also covers violations that cause a serious injury, illness or serious exposure. Penalties can include jail or state prison and fines of up to $250,000 for individuals and up to $1.5 million for corporations and LLCs.
- Prosecutors hear about serious accidents right away. When police or fire respond to a workplace accident with a death, serious injury or illness, or serious exposure, they must immediately notify both Cal/OSHA and the county district attorney. Cal/OSHA, in turn, must immediately notify its Bureau of Investigations and the prosecutor, however it learned of the accident (Labor Code 6409.2).
- More cases get a criminal-track review. The Bureau of Investigations must investigate any serious injury, illness or exposure where Cal/OSHA cites the employer for a willful violation, adopt written policies for deciding which cases to refer, and receive routine data on serious incidents from the division (Labor Code 6315).
- More transparency. The Bureau’s annual report must go to the Legislature and include information on fatality cases referred to prosecutors. Cal/OSHA may also share otherwise confidential trade-secret information with law enforcement in an investigation or prosecution (Labor Code 6322).
What this means for California workers
For most workers, the biggest change is speed and accountability after a serious accident. Under prior law, delays between a Cal/OSHA referral and a prosecutor actually reviewing a case were a recurring complaint. Now the district attorney is supposed to learn about deaths and serious injuries at the start, not months later.
The law also gives Cal/OSHA a tool against employers or managers who stonewall an inspection, for example by blocking access to the site, hiding equipment, or pressuring workers not to talk. Willful interference is now a crime in its own right.
It is important to keep expectations realistic. A criminal case punishes the person or company responsible; it does not pay the injured worker. Your compensation still comes through workers’ compensation and, in some cases, a lawsuit against a third party such as an equipment maker or a contractor who is not your employer. Criminal convictions also require proof of a willful violation, which is a high bar.
We help California workers with injury claims and safety-retaliation cases. Free, confidential consultation.
Your rights when you report a safety problem
AB 2321 sits on top of protections California workers already have. You have the right to complain to Cal/OSHA about unsafe conditions, and you can ask that your name be kept confidential. You also have the right to talk to an inspector privately during an inspection.
Labor Code 6310 makes it illegal for an employer to fire, demote, discipline or otherwise retaliate against you for making a safety complaint, reporting a work injury, or taking part in a Cal/OSHA investigation. Labor Code 6311 protects you if you refuse to perform work that would violate a safety standard and create a real and apparent hazard to you or your coworkers. If you were punished for speaking up, read our guide to retaliation claims in California and our article on being fired after complaining to HR.
A retaliation complaint for a safety report can be filed with the Labor Commissioner, generally within one year (Labor Code 6312 and 98.7), or you may be able to bring a lawsuit. Because deadlines vary by claim, talk to a lawyer early.
If you were injured, your employer must give you a claim form (DWC-1) within one working day after learning of the injury, and you should report the injury in writing within 30 days. Serious injuries must also be reported by the employer to Cal/OSHA, generally within eight hours. If the injury came from a chemical or toxic exposure, see our guide to chemical exposure claims.
What to do now
- Get medical care and report the injury in writing. Ask for a DWC-1 claim form and keep a copy of everything you sign.
- Write down what happened while it is fresh. Note the date, time, equipment involved, who was there, and any prior complaints about the hazard.
- Take photos if you can do so safely and lawfully. Do not remove or alter equipment; investigators may need it as it was.
- Cooperate with Cal/OSHA. You can speak to inspectors privately and ask that your identity be protected.
- Watch for retaliation. Sudden write-ups, schedule cuts or a firing after a complaint or injury report can be illegal. Keep texts, emails and schedules.
- Talk to a lawyer about both tracks. A workers’ comp claim and a retaliation or third-party claim can run at the same time.
Frequently asked questions
Is AB 2321 in effect now?
No. It was signed on September 30, 2026, and takes effect on January 1, 2027. Existing protections against retaliation and the employer’s duty to report serious injuries already apply today.
Does AB 2321 let me sue my employer?
No. The law strengthens Cal/OSHA investigations and criminal enforcement. In most cases, workers’ compensation is still your main remedy for a work injury, though retaliation claims and claims against third parties are separate.
Can my employer punish me for talking to a Cal/OSHA inspector?
No. Labor Code 6310 prohibits retaliation for participating in an investigation or making a safety complaint. Starting in 2027, a manager who willfully obstructs an inspection can also face a misdemeanor charge.
What counts as a “serious injury or illness”?
The term is defined in Labor Code 6302 and generally covers injuries that require inpatient hospitalization for more than observation, or that cause the loss of a body part or serious permanent disfigurement. Deaths and serious exposures are treated separately.
Sources
- California Legislative Information: AB 2321, Occupational safety and health: investigations (Chapter 936, Statutes of 2026)
- KTVU: California lawmaker rips into Cal-OSHA after inaction, deaths of 3 San Leandro workers
- Safety+Health: California lawmaker wants state prosecutors to investigate serious workplace incidents
- Ogletree: California’s updated AB 2321 awaits vote in State Senate
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for workers, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
If you were seriously injured at work, lost a family member in a workplace accident, or were punished for raising a safety concern, our attorneys can explain your workers’ comp benefits and any retaliation or third-party claims.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
