Official Summary Text
AB 2321, as amended, Ortega.
Bureau of Investigations.
Existing law makes the Bureau of Investigations within the Division of Occupational Safety and Health responsible for directing accident investigations involving violations of laws, standards, and orders in which there is a serious
injury,
injury to 5 or more employees,
death, or request for prosecution by a division
representative, reviewing
representative. Existing law requires the bureau to review
inspection reports involving a serious violation if there have been
serious injuries
to one to 4 employees
or a serious
exposure, and preparing
exposure, and authorizes the bureau to investigate
cases for the purpose of prosecution, as specified. Existing law requires the bureau to refer the results of investigations it is required to conduct to the appropriate prosecuting authority having jurisdiction for appropriate action unless it determines that there is legally insufficient evidence of a violation of the law.
This bill would require the bureau to establish written policies and procedures for the process of reviewing cases and
deciding
whether to investigate or refer them for prosecution. The bill
would, upon appropriation of sufficient funding, remove the bureau’s investigation responsibility for violations in which there is a death or permanent total disability, as defined, and would instead require the appropriate prosecuting authority to be responsible for directing those investigations, as specified. The
would also require the division to establish a routine or automated process for transmitting information to the bureau about accidents with nonfatal injuries so that the bureau can review them.
For an accident in the County of Alameda or the County of Santa Clara resulting in a death or permanent total disability of one or more employees, the bill would make the Alameda County District Attorney or the Santa Clara County District Attorney, based on the county in which the accident occurred, until January 1, 2032, responsible for directing accident investigations and preparing cases for prosecution, subject to an appropriation by the Legislature of sufficient funding for this purpose. The
bill would
also
require the division to
immediately
notify the
prosecuting authority and provide information to the authority, as specified.
Alameda County District Attorney or the Santa Clara County District Attorney and provide it with certain relevant information about the accident.
The bill would authorize
moneys in
the Occupational Safety and Health Fund or the Labor and Workforce Development Fund to be expended by the
prosecuting authorities,
Alameda County District Attorney or the Santa Clara County District Attorney,
upon appropriation, for the support of these investigatory activities. By imposing new responsibilities on
prosecuting authorities,
local officials,
this bill would impose a state-mandated local program.
Existing law requires the bureau to submit an annual report to the division on its activities.
This bill would additionally require the report to be submitted to the Legislature and to include information relating to job classifications and vacancies within the bureau.
This bill would
make legislative findings and declarations as to the necessity of a special statute for the County of Alameda and the County of Santa Clara.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.