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SeaWorld fined $75,000 in trainer’s death

  • Tilikum, the whale
  • SeaWorld: Trainer’s Ponytail Triggered Killer Whale Attack
By Nick VinZant, Reporter
Last Updated: Monday, August 23, 2010 9:52 PM
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SeaWorld Orlando has been fined $75,000 in the death of a killer whale trainer in February.

In a report released Monday, the Occupational Safety and Health Administration (OSHA) cited the theme park for three safety violations, including one classified as “willful,” following the death of trainer Dawn Brancheau.

Brancheau, 40, drowned after the orca Tilikum dragged her by her ponytail into the killer whale tank.

OSHA issued a willful citation for exposing employees to struck-by and drowning hazards when interacting with killer whales.

“SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, an OSHA regional administrator. "Nonetheless, it required its employees to work within pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."

OSHA’s strong words come nearly six months after Brancheau's death.

SeaWorld has been conducting an internal review into the trainer's death ever since.

In a statement, the theme park said they strongly disagree with OSHA's finding saying, "OSHA's allegations in this citation are unsupported by any evidence or precedent and reflect a fundamental lack of understanding of the safety requirement associated with marine mammal care."

OSHA is no stranger to these kinds of investigations.

In 2006, they looked into a similar incident in San Diego, and OSHA investigators came to a similar conclusion this time around -- trainers shouldn't be in the water and should be separated from killer whales by a physical barrier.

"All employers are obligated to assess potential risks to the safety and health of their employees and take action to mitigate those risks,” said Les Grove, OSHA's regional director. "In facilities that house wild animals, employers need to assess the animals under their care and to minimize human-animal interaction if there is no sage way to reliably predict animal behavior under all conditions."

A serious violation was also issued for exposing employees to a fall hazard by failing to install a stairway railing system on the left, front-side bridge of the “Believe” show’s stage.

The third violation dealt with outdoor electrical receptacles.

SeaWorld has 15 days to appeal or comply with OSHA’s recommendations.  SeaWorld officials said they will contest the citations.

Ex-safety director: SeaWorld knew whale was dangerous

The report came just hours after a former SeaWorld employee spoke on national television about her time as director of health and safety.

Linda Simons told ABC’s “Good Morning America” Monday that SeaWorld hired her just a week before the deadly attack.

Simons said she was then fired two months later because SeaWorld did not want her to speak to OSHA investigators.

She said about 85 people responded after the attack, and recalled disturbing images that put team members at risk, such as some standing on the rocks on the edge of the whale tank in high-heeled shoes, and even allowing team members into the medial pool while Tilikum was still thrashing about.

Simons said SeaWorld knew how dangerous it was to get into the pool with Tilikum -- so dangerous that the park would hold what they called “Tilly Talk.”

“The ‘Tilly Talk’ is an orientation for anyone coming into the stadium to work with the whales, whether you’ve been at SeaWorld in other positions, or you are brand new to SeaWorld,” Simons said. “And what they do is they talk to you about going into the water with Tilly -- that if you get in the water with Tilly, you will come out a corpse.”

SeaWorld released a statement concerning Simons’ employment at the park, saying she was fired for poor performance during the OSHA inspection.

Humane Society reacts

In reaction to OSHA’s citation, the Humane Society of the United States released the following statement:

The Humane Society of the United States is guardedly optimistic about the consequences of a citation issued today by the Occupational Safety and Health Administration to SeaWorld for violations of the Occupational Safety and Health Act in the death of trainer Dawn Brancheau in February.

“Placing trainers in such close contact with any orca, let alone one with a history like Tilikum’s, without doubt puts them in harm’s way,” said Naomi Rose, Ph.D., marine mammal scientist for the HSUS. “Orcas are the ocean’s most powerful predator. They are also curious, intelligent, and social, but if they act in a harmful way, there is nothing anyone -- including SeaWorld -- can do about it. Trainers should never be in a position to be pulled into the water and they certainly shouldn’t get in the water for the show.”

…Orcas are inherently unsuited for captivity. They are large, socially complex, highly intelligent, and long-lived predators, living as long as humans do. To confine them in a space that is, at best, a tiny fraction of the size of their ocean home, depriving them of natural stimulation and social bonds, leads to boredom and, at worst, to poor physical and mental health. Orca mortality rates are almost three times as high in captivity as they are in the wild.

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