SeaWorld Loses Appeal of OSHA Findings

[jcb]

Here is a link to the 35 page decision: http://www.cadc.uscourts.gov/internet/opinions.nsf/5AF8A4C12F19AE2185257CB700516292/$file/12-1375-1487925.pdf

There's a dissent.

 

[jcb]

Two of the three judges just didn't buy SeaWorld's argument that killer whale shows went to the essence of SeaWorld's business. SeaWorld compared its killer whale shows to the NFL and NASCAR, entities that OSHA doesn't regulate on the ground that the potential workplace harm (contact between football players, for example) is intrinsic to a football game.

SeaWorld just didn't convince these two judges that contact between trainers and killer whales was intrinsic to the show.

OSHA, the court said,

could also reasonably determine that the remedy does not go to the essence of SeaWorld’s productions. SeaWorld has had no “waterwork” performances since Ms. Brancheau’s death in 2010, and it temporarily suspended “waterwork” after other incidents, such as the killing of a trainer by a killer whale in 2009 at a non-SeaWorld park in Spain. With distance and physical barriers between Tilikum and trainers during drywork, Tilikum can still perform almost the same behaviors performed when no barriers were present. The nature of SeaWorld’s workplace and the unusual nature of the hazard to its employees performing in close physical contact with killer whales do not remove SeaWorld from its obligation under the General Duty Clause to protect its employees from recognized hazards.

SeaWorld can ask the full D.C. Circuit Court of Appeals to review the three judge decision or it can ask the Supreme Court to review it. Neither is a certainty. With one judge writing dissent, however, SeaWorld probably has a better shot at getting the full court to review.

 

[jcb]

SeaWorld can ask the full D.C. Circuit Court of Appeals to review the three judge decision or it can ask the Supreme Court to review it. Neither is a certainty

Of course, SeaWorld's lawyer's father is on the Supreme Court . . . .

 

[mytripsandraces]

Of course, SeaWorld's lawyer's father is on the Supreme Court . . . .

So, no pressure, then . . .