Starting next year, California employers that obstruct a workplace safety inspection could face more than a citation. Assembly Bill 2321, expected to take effect in January 2027, makes it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with a Cal/OSHA inspection. Violators face up to six months in county jail and a $5,000 fine.

What the Law Does

In addition to creating the new offense, AB 2321 expands the role of Cal/OSHA's Bureau of Investigations, the agency's criminal investigation unit. The bureau must now be involved when Cal/OSHA issues a willful violation citation in a case involving serious injury, illness, or exposure. As a result, a serious workplace accident that would ordinarily lead to a regulatory citation could also prompt a criminal investigation, bringing closer scrutiny of safety procedures, training records, and maintenance logs.

The legislation followed a state audit that identified shortcomings in Cal/OSHA's enforcement, including complaints closed without on-site inspections and staffing shortages. California is the only state with a dedicated criminal investigation division, so other states are not expected to adopt similar measures.

Unanswered Questions

The law does not define where a procedural disagreement or an inadvertent delay ends and criminal interference begins. Because the measure came from the Legislature rather than through agency rulemaking, there was no public comment period, and there is little guidance on how Cal/OSHA will apply it.

The law also raises constitutional concerns. It could face a constitutional challenge if it is read to bar employers from questioning the reasonableness of an inspection, including by declining entry when an inspector arrives without adequate justification.

Steps Employers Can Take Now

Supervisors and site managers should be trained on the protocol, with an emphasis on remaining calm and cooperative even when they disagree with an inspector. Because a serious incident may now lead to criminal and regulatory scrutiny, employers should also identify outside counsel ahead of time and involve them from the start.