California’s Assembly Bill (AB) 2321 expands reporting of workplace accidents involving serious exposures and strengthens information sharing among first responders, Cal/OSHA, its Bureau of Investigations (BOI), and prosecutors. The law takes effect Jan. 1, 2027.

Expanded Reporting Duties

Labor Code Section 6409.2 currently requires responding fire and police agencies to notify Cal/OSHA of workplace accidents involving serious injuries, illnesses, or deaths. AB 2321 adds “serious exposures” and requires responding agencies to immediately notify both the nearest Cal/OSHA office and the district attorney’s office in the county where the incident occurred. This notification to Cal/OSHA must be by telephone.

Cal/OSHA must then immediately notify BOI and the district attorney’s office or other appropriate prosecuting authority, whether it learns about the accident from first responders, the employer, or another source. The law also requires Cal/OSHA to establish a routine or automated process for transmitting information about serious injuries, illnesses, and exposures to BOI for review.

Exposure Incidents May Draw Expanded Scrutiny

The expanded reporting requirement requires additional notifications for serious exposure incidents, potentially bringing those incidents to enforcement authorities’ attention even when no employee is hospitalized. Employers responding to chemical releases, toxic exposures, confined space incidents, or gas leaks should anticipate that responding fire or police agencies could report the incident as a serious exposure.

AB 2321 does not define “serious exposure.” Employers should anticipate questions about the nature and extent of an exposure rather than assume the absence of hospitalization resolves the issue.

Employer Considerations

Employers should review incident response procedures, identify who will evaluate reporting obligations, and preserve relevant exposure information. A first responder’s notification should not be treated as a substitute for assessing the employer’s separate reporting duties.

Because incident information will reach multiple enforcement offices, employers should prepare for potential inquiries from those offices and promptly involve appropriate safety personnel and counsel.

If you have questions about AB 2321 and how it may affect your organization, please contact a Jackson Lewis attorney.