Quick Hits
- The updated pilot program bill’s requirements would apply only to accidents occurring within Alameda County and Santa Clara County.
- The bill would require the BOI to “immediately notify” the district attorneys’ offices in Alameda or Santa Clara counties upon learning of a fatal accident or an “incident in which there is a serious injury to five or more employees.”
- If enacted as proposed, AB 2321’s provisions would remain in effect until January 1, 2032.
At yesterday’s Senate committee hearing, Assembly Member Liz Ortega (D–District 20) introduced AB 2321 with the dire admonition that “Cal/OSHA [was] broken” and that Cal/OSHA was performing “so-called investigations” in California.
Labor groups voiced support for the legislation, while Ogletree Deakins shareholder Karen F. Tynan, chair of the firm’s Workplace Safety and Health Practice Group, testified in opposition, offering analysis that the local prosecutors are lacking in expertise in workplace safety matters and that early referrals to district attorneys’ offices would slow down investigations, with employers balancing the heavy risk of criminal prosecution with the desire to cooperate with Cal/OSHA inspectors.
Prior to the committee’s vote on AB 2321 (4–1 in favor of the bill’s advancement), Chairperson Lola Smallwood-Cuevas (D–District 28) opined that the legislation would address the problem of Cal/OSHA’s needing “more boots on deck.”
Next Steps
Having received approval from the Senate Committee on Labor, Public Employment, and Retirement, AB 2321 will be referred to the Senate Appropriations Committee. It is likely that there will be no further revisions to the bill.
Ogletree Deakins’ California offices and Workplace Safety and Health Practice Group will continue to monitor AB 2321’s progress and amendments and will provide updates on the California and Workplace Safety and Health blogs as additional information becomes available.
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