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Part two of Frank Davis and John Surma’s three-part podcast series continues the discussion on the workplace safety issues related to the criminal proceedings emerging from the tragic incident on the set of the movie, “Rust.” Frank and John, both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group, consider criminal charges that may be brought in other industries, such as construction, and the Occupational Safety and Health Administration (OSHA) investigations when workplace injuries are related to an emphasis program subject. Our speakers also consider how federal OSHA states and state-plan states differ on criminal prosecutions—whether it be a state attorney general or the federal department of justice.