MHR 6401
SeaWorld of Florida v. Perez
Columbia Southern University
MHR 6401, Employment Law
SeaWorld of Florida v. Perez
On 24 February 2010, Ms. Dawn Brancheau was killed while working with a killer whale
named Tilikum in a pool at Shamu Stadium in Orlando, Florida (Walsh, 2019). The case of
SeaWorld of Florida v. Perez involves the Occupational Safety and Health Administration
(“OSHA”). SeaWorld of Florida was issued three citations by OSHA, and the second citation is
at issue. It alleged two instances of a “willful” violation of the general duty clause for exposing
animal trainers to the recognized hazards of drowning or injury when working with killer whales
during performances (Walsh, 2019). In his case study, I discuss the legal issue enforced by the
OSHA. I will explain how OSHA enforces workplace safety and health standards and give my
opinion on the court’s decision.
What are the Legal Issues
The legal issue enforced by the OSHA is that SeaWorld had violated the general
duty clause of the Occupational Safety and Health Act of 1970 by exposing the trainers to
recognized hazards when working in close contact with killer whales during performances
(Walsh, 2019). According to the National Oceanic and Atmospheric Administration (2021), the
killer whale, also known as orca, is the ocean’s top predator. The title of top predator over sharks
such as the great white, tiger, and bull lets you know the killer instincts of the killer whale.
SeaWorld had a false belief that with proper training the killer whales could become performers
and forget their natural killer instincts. SeaWorld was more concerned with ticket sales and
filling the seats in the Shamu Stadium than trainer safety.
SeaWorld of Florida v. Perez
Columbia Southern University
MHR 6401, Employment Law
SeaWorld of Florida v. Perez
On 24 February 2010, Ms. Dawn Brancheau was killed while working with a killer whale
named Tilikum in a pool at Shamu Stadium in Orlando, Florida (Walsh, 2019). The case of
SeaWorld of Florida v. Perez involves the Occupational Safety and Health Administration
(“OSHA”). SeaWorld of Florida was issued three citations by OSHA, and the second citation is
at issue. It alleged two instances of a “willful” violation of the general duty clause for exposing
animal trainers to the recognized hazards of drowning or injury when working with killer whales
during performances (Walsh, 2019). In his case study, I discuss the legal issue enforced by the
OSHA. I will explain how OSHA enforces workplace safety and health standards and give my
opinion on the court’s decision.
What are the Legal Issues
The legal issue enforced by the OSHA is that SeaWorld had violated the general
duty clause of the Occupational Safety and Health Act of 1970 by exposing the trainers to
recognized hazards when working in close contact with killer whales during performances
(Walsh, 2019). According to the National Oceanic and Atmospheric Administration (2021), the
killer whale, also known as orca, is the ocean’s top predator. The title of top predator over sharks
such as the great white, tiger, and bull lets you know the killer instincts of the killer whale.
SeaWorld had a false belief that with proper training the killer whales could become performers
and forget their natural killer instincts. SeaWorld was more concerned with ticket sales and
filling the seats in the Shamu Stadium than trainer safety.
