Capitol Alert

A California bill would let DAs investigate workplace deaths. Here’s what to know

Assemblymember Liz Ortega, D-San Leandro, chair of the Assembly Labor and Employment Committee, speaks during a hearing on Wednesday, Aug. 27, 2025, about the findings of a recent state audit that found "deficiencies in Cal-OSHA’s enforcement processes and staffing levels."
Assemblymember Liz Ortega, D-San Leandro, chair of the Assembly Labor and Employment Committee, speaks during a hearing on Wednesday, Aug. 27, 2025, about the findings of a recent state audit that found "deficiencies in Cal-OSHA’s enforcement processes and staffing levels." hamezcua@sacbee.com

A new bill heading to its first hearing Wednesday would allow district attorneys across California to take over some of Cal-OSHA’s most serious workplace investigations. Assembly Bill 2321, introduced by Assemblymember Liz Ortega, D-San Leandro, follows a critical state audit and years of chronic understaffing at the agency’s Bureau of Investigation.

FULL STORY: How to fix Cal-OSHA? A new bill says deputize DAs to investigate the workplace

Here are key takeaways:

What the bill does: AB 2321 would “deputize” district attorneys’ offices to investigate workplace deaths and life-altering injuries — work currently handled by Cal-OSHA’s Bureau of Investigation. The BOI referred just 1.7% of serious cases to prosecutors, according to the state auditor.

The hearing: The assembly labor committee, which Ortega chairs, will hear the bill Wednesday. It is the first hearing for the legislation. The hearing will cover several bills starting at 1:30 p.m.

The funding question: Cal-OSHA has more than $200 million in surplus from positions it allocated but never filled. Those funds come largely from employer fees, not taxes. AB 2321 would tap into funds traditionally reserved for Cal-OSHA.

Opposition and alternatives: The California Chamber of Commerce says the bill “will waste state resources.” A separate draft proposal being circulated by state officials would make the BOI an independent agency and grant its investigators peace officer status instead of shifting work to DAs.

Recent progress: BOI staffing has grown to 12 members and the bureau referred 27 cases for possible criminal prosecution in 2025 — a ninefold increase from 2023. A budget proposal approved in January requested $4.3 million for 14 additional positions.

This report was produced with the assistance of a proprietary tool powered by artificial intelligence based on our own originally reported, written and published content. Before publishing, journalists reviewed this content in compliance with McClatchy Media’s AI policy.

This story was originally published April 8, 2026 at 5:00 AM.

Joe Rubin
The Sacramento Bee
Joe Rubin, an Emmy award-winning investigative reporter for The Sacramento Bee, unpacks complex systems with an eye toward holding power to account. Rubin’s reporting for the San Francisco Chronicle, NPR and Capital & Main has led to state laws protecting workers from lead poisoning and has exposed wasteful spending.
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