Occupational safety and health: investigations.

Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. 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 to 5 or more employees, death, or request for prosecution by a division representative. Existing law requires the bureau to review inspection reports involving a serious violation if there have been serious injuries to one to 4 employees or a serious exposure, and authorizes the bureau to investigate 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 require the bureau to establish written policies and procedures for the process of reviewing cases and deciding whether to investigate or refer them for prosecution. The bill would also require the division to establish a routine or automated process for transmitting information to the bureau about incidents with nonfatal injuries so that the bureau can review them. Existing law authorizes the department, upon the request of a county district attorney, to develop a protocol for the referral of cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. This bill would require the bureau to immediately notify the appropriate prosecuting authority upon learning of an incident in which there is a serious injury to 5 or more employees, death, or request for prosecution by a division representative. The bill would delete the above-described provisions regarding developing a protocol and woul