Governor Gavin Newsom signed AB 2321, authored by Assembly Member Liz Ortega, on September 30, 2026. Effective January 1, 2027, the law strengthens Cal/OSHA enforcement and expands criminal liability for workplace safety violations and interference with inspectors.
The law makes willfully obstructing Cal/OSHA inspectors in the performance of specified duties a misdemeanor, punishable by up to six months in county jail, a $5,000 fine, or both. It also covers willful violations of related court orders.
AB 2321 broadens existing criminal liability for employers and managers whose willful safety violations cause harm. Previously, Labor Code Section 6425 applied to violations causing death or permanent or prolonged bodily impairment. It now also covers serious injury, illness or exposure.
The law also requires Cal/OSHA’s Bureau of Investigations to investigate serious incidents resulting in willful citations and strengthens notification and referral requirements involving prosecutors. These changes increase the likelihood that a serious workplace incident will receive early scrutiny for potential criminal charges.
What Employers Should Do Now
Agricultural employers should review their Injury and Illness Prevention Plans (IIPPs) and inspection and incident-response procedures before January. Designate who will respond when an inspector arrives, train supervisors to contact that person promptly, and make sure safety records are organized and accessible. Following a serious incident, preserve relevant evidence and involve counsel early.
The law retains the inspection-warrant procedure when permission to inspect is refused. Employers should seek legal guidance on access disputes and train supervisors to avoid conduct that could be viewed as willful obstruction.