The case centers on a March 2025 multi-agency drug enforcement operation in Olivehurst that ended in a shootout, killing Rodarte and the suspect involved. Courtesy photo

YUBA COUNTY, CA (MPG) - A state workplace safety investigation stemming from the fatal shooting of Marysville Police Officer Osmar Rodarte has evolved into an unusual legal dispute, as Yuba County challenges the authority of Cal/OSHA to investigate law enforcement operations following an officer’s death.

The case centers on a March 2025 multi-agency drug enforcement operation in Olivehurst that ended in a shootout, killing Rodarte and the suspect involved. While the Yuba County District Attorney later ruled the officers’ actions legally justified, state workplace regulators have taken a separate approach, treating the incident as a workplace fatality subject to occupational safety laws.

In late September, Cal/OSHA issued citations against the Yuba County Sheriff’s Office and the Marysville Police Department, proposing penalties totaling nearly $340,000. The sheriff’s office faces about $185,000 in proposed fines, while the police department faces about $153,000. Both agencies have appealed the citations.

According to Cal/OSHA, the violations stem from alleged failures to adequately protect officers during the operation. The agency alleges the departments failed to provide sufficient safeguards against firearm threats, failed to supply ballistic shields and failed to ensure officers were equipped with properly fitting body armor capable of protecting critical areas of the torso. Regulators also cited failures related to training, including inadequate preparation for officers assigned to specialized roles and insufficient SWAT entry training.

The citations further allege the agencies failed to properly identify and evaluate risks associated with entering unfamiliar or unsecured spaces, failed to coordinate effectively with backup units and medical support, failed to address concerns raised by officers prior to the operation and failed to ensure a timely and effective medical response after Rodarte was wounded.

Court fight over Cal/OSHA authority

Yuba County has argued that Cal/OSHA lacks jurisdiction to investigate a police shooting, asserting that law enforcement agencies operate under separate professional standards and that personnel records sought by the state are protected by privacy laws.

That argument faced a setback in December of 2025 when Yuba County Superior Court Judge Stephen Berrier declined to block administrative subpoenas issued by the state. In open court, Berrier said Cal/OSHA has broad authority to investigate on-the-job deaths and allowed the agency to continue seeking documents, video evidence and testimony related to the operation.

To avoid a potential contempt finding, the sheriff’s office later produced records requested by the state, though the court acknowledged that disputes may continue over the scope of future disclosures. The judge indicated additional review may be required if privacy issues arise.

A broader shift in workplace enforcement

Local law enforcement leaders have described the investigation as unprecedented, warning that treating an officer-involved shooting as a workplace safety case could set a far-reaching precedent for agencies statewide. The sheriff’s office has said the investigation reframes a criminal act as an industrial safety failure and risks second-guessing split-second decisions made in dangerous situations.
Cal/OSHA, however, maintains that recent changes to California’s workplace violence prevention laws expanded its authority to investigate these types of incidents, emphasizing that its role is limited to workplace safety, health conditions and whether required safety measures were in place to protect employees.

Appeals by Yuba County and the City of Marysville are scheduled to be heard by the Occupational Safety and Health Appeals Board in April. Additional court proceedings may follow as disputes over records and testimony continue.