Asm. Labor Chair Calls for Stiffer Penalties, More Criminal Referrals for Workplace Deaths, Injuries

Sacramento — In a hearing on the state auditor’s findings of multiple failings in Cal/OSHA, Assembly Labor Chair Liz Ortega (D-San Leandro) announced plans for a bill to increase criminal prosecutions of employers when workers die or are seriously injured on the job and pressed officials for discounting fines by more than half.

“When do you make the decision to make criminal referrals to prosecutors? Is it after the first death, after the second death, after the third death?” asked Asm. Ortega, after sharing a story about an employer in her district, Alco Scrap Metal, where three workers have died in the last eight years. To date, Alco has paid only $18,000 in fines. The company was recently referred for criminal prosecution for the most recent death.

The audit, which Asm. Ortega requested last year, found that more than 82% of so-called “investigations” were handled by mail instead of on-site investigations. When Cal/OSHA does perform a real investigation, there is little accountability. Over the last five years, 8,362 employers had their fines discounted by an average of 56%—even in cases involving serious injuries and deaths. Just 1.7% of serious cases were referred for criminal prosecution. The hearing included representatives from the Department of Industrial Relations (DIR), including Director Jennifer Osborne and Division of Occupational Safety and Health Chief Debra Lee, as well as a panel of labor and workplace safety advocates.

Lawmakers and advocates echoed Asm. Ortega’s concerns about fine discounts, raising concerns that Cal/OSHA is acting more as an advocate for employers than an enforcer of worker protections. When asked if simply hiring more staff would fix the agency’s failures, State Auditor Grant Parks was blunt: no, noting that Cal/OSHA is still operating under policies that haven’t been updated in 17 years.

Asm. Ortega asked panelists from DIR what it costs district attorneys to investigate and criminally prosecute negligent employers for deaths and serious injuries. They did not have a number.

“Well, I’d really suggest you ask the DA. Because I am going to be looking into your budget, and given your staffing concerns, it’s clear you don’t have the capacity to increase referrals for criminal prosecution. So I will be looking into legislation that ensures employers are held accountable,” said Ortega.

“I don’t want this hearing—or this audit—to just be about the problems,” Ortega said. “I want to see actual accountability. Cal/OSHA’s responsibility to the 20 million workers of this state is to enforce health and safety laws. Every worker in California deserves the right to go home at the end of the day.”

Audit: https://www.auditor.ca.gov/wp-content/uploads/2025/07/2024-115-Report.pdf

You can see the hearing here:
https://www.assembly.ca.gov/media/joint-hearing-joint-legislative-audit-committee-and-assembly-labor-and-employment-committee-and-senate-labor-public-employment-and-retirement-committee-20250827

Media Availability: Assemblymember Ortega and other key speakers will be available for questions following the press conference. Assemblymember Ortega is available to give comments in English and Spanish.