It was February of 2010 when a SeaWorld trainer was killed in Orlando after a six-ton killer whale held her under water for more than 45 minutes.
Two years later, a judge has ruled that at least two of the three violations issued by the Occupational Safety and Health Administration (OSHA) against the Orlando-based theme park will stand — although the most serious, a “willful” violation that carried a $70,000 fine, was reduced to a “serious” violation.
In issuing the citations after the tragic FL workplace accident, OSHA claimed that SeaWorld needlessly put the trainer in danger by ignoring previous warnings about the killer whale named Tilikum. The whale had been involved in the 1991 death of a trainer at a Vancouver, Canada marine park.
The willful violation issued to SeaWorld was for exposing employees to struck-by and drowning hazards while interacting with killer whales. A second serious citation was issued for exposing employees to a fall hazard, which carries a $5,000 penalty. A third minor violation carried no fine.
SeaWorld appealed, claiming its training manuals warned staff of the dangers of working with killer whales and that it devoted an entire section of the manual to Tilikum. It also claimed that the most serious citation should not be classified as “willful” since the theme park hadn’t shown willful indifference to their employee’s safety.
The judge found that SeaWorld hadn’t shown willful indifference and downgraded the violation, which now carries a $12,000 fine. However, the judge refused to throw out the citation entirely.
SeaWorld can appeal the ruling, but in the meantime, trainers will probably not be allowed in the water with killer whales during performances.
It is an employer’s responsibility to keep their employees safe. If you’ve been injured at work, you might be entitled to compensation. A workers’ compensation attorney at Farah & Farah can help you and your family when you’ve been laid up due to a workplace injury. Call us at (800) 533-3555 for a free and confidential consultation.
