Bureau of Investigations.

Plain English Breakdown

The exact timing and amount of state funding for local prosecuting authorities remain unspecified in the official source material.

Bureau of Investigations Changes

This law modifies how the Bureau of Investigations within the Division of Occupational Safety and Health handles certain accident investigations, shifting some responsibilities to local prosecutors.

What This Bill Does

• Requires the Bureau of Investigations to establish written policies for reviewing cases and deciding whether to investigate or refer them for prosecution.
• Removes the Bureau's responsibility to investigate accidents involving death or permanent total disability, transferring this duty to local prosecuting authorities upon appropriation of sufficient funding.
• Directs the Division of Occupational Safety and Health to provide information about these investigations to local prosecutors.
• Authorizes the use of funds from the Occupational Safety and Health Fund or Labor and Workforce Development Fund for supporting prosecutor activities related to these cases, upon appropriation.
• Expands the Bureau's annual report requirements to include job classifications and vacancies within the bureau.

Who It Names or Affects

• The Bureau of Investigations within the Division of Occupational Safety and Health
• Local prosecuting authorities who will handle certain accident investigations
• People working for the Bureau of Investigations

Terms To Know

Occupational Safety and Health Fund

A fund used to support safety measures in workplaces.

Prosecuting authority

The local government office that decides if someone should be charged with a crime.

Limits and Unknowns

• This law will only take effect after the state appropriates sufficient funding.
• Local prosecuting authorities may need additional support from the state to handle new responsibilities.
• Details about exact costs and reimbursement procedures are outlined in the California Constitution.

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, death, or request for prosecution by a division representative, reviewing inspection reports involving a serious violation if there have been serious injuries or a serious exposure, and preparing 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 make nonsubstantive changes in the provisions described above relating to the
responsibilities of the Bureau of Investigations.
This bill would require the bureau to establish written policies and procedures for the process of reviewing cases and 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 bill would require the division to notify the prosecuting authority and provide information to the authority, as specified. The bill would authorize the Occupational Safety and Health Fund or the Labor and Workforce Development Fund to be expended by the prosecuting authorities, upon appropriation, for the support of these
investigatory activities. By imposing new responsibilities on prosecuting authorities, 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.
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.

Current Bill Text

Download Bill PDF