Court Refuses to Let SeaWorld Trainers Swim With Killer Whales

By Tim Devaney

Law • April 2014 • Views: 827

SeaWorld will not be allowed to let trainers swim with killer whales, after the water park lost an appeal in federal court on Friday.

The U.S. Court of Appeals for the District of Columbia voted in a 2-1 decision to uphold safety requirements issued by the Labor Department’s Occupational Safety and Health Administration (OSHA) in 2010 that prohibit SeaWorld animal trainers from getting too close to potentially dangerous killer whales.

OSHA stepped in after SeaWorld Orlando trainer Dawn Brancheau was killed by a six-ton orca named Tilikum, who dragged her under the water and drowned her during a performance in February 2010.

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2 comments

jvic Apr 11, 2014 1:05:36pm

From the link:

“Statements by SeaWorld managers do not indicate that SeaWorld’s safety protocols and training made the killer whales safe; rather they demonstrate SeaWorld’s recognition that the killer whales interacting with trainers are dangerous,” Judge Judith Rogers wrote for the court’s majority opinion.

It’s understandable that the government looks after the interests of an economically vulnerable population like e.g. fast-food workers. Having acknowledged that, I disagree that civil servants have the expertise to set standards for specialized, intrinsically dangerous occupations like big-animal training, and I maintain that imposing such standards is none of their business.

That said, if an employer like SeaWorld is negligent wrt prudent working conditions, an affected employee or her estate should be able to seek damages in court.

EiMitch Apr 11, 2014 4:56:33pm

re: #1 jvic

If you think Seaworld’s staff is well trained for taking care of animals, I’m afraid I have a link to a Cracked article written by a former Seaworld employee that will burst your bubble.

A few years ago, I began working as a dolphin-training intern at SeaWorld Orlando. After half a decade of volunteering at every backwoods animal shelter and zoo I could find, as well as building my entire academic career around this possibility, I was finally reaping the benefits of my labors and working my dream job, so I lived happily ever after.

Or not.

By the end of the summer, I had seen enough to make me leave the field, throwing away a five-year career and my childhood dreams forever. Why? Well …

Basically, Seaworld animal handlers are themselves about as well trained as movie actors. And hired with similar criteria in mind. Do I need to draw a picture? Seaworld hires whoever looks good in a wetsuit. And thats their real concern: selling an image. The safety and well-being of employees and animals are far less important than the almighty dollar.

I hope the government starts setting safety and humane animal treatment standards, considering how ugly it is behind the scenes.

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