Dear Ms. Decker:
Thank you for your correspondence dated September 24, 2011, to
the Occupational Safety and Health Administration (OSHA). In your
letter, you ask OSHA to consider allowing trainers who work with
captive orcas at SeaWorld of Florida, LLC to interact with the
orcas in the "Believe" show as long as extra precautions are taken
to protect the trainers.
Please note that OSHA does not have a particular standard or
regulatory requirement that addresses the exposure of employees to
the hazard of potentially unsafe captive animals. Further, the
Agency does not have the authority to restrict the marine mammal
entertainment industry (e.g., SeaWorld) from allowing their
trainers to interact with the orcas in shows.
The Occupational Safety and Health Act places on every employer,
over which it has jurisdiction, the obligation to ensure worker
safety and health, and to comply with OSHA standards and
regulations. Accordingly, on August 23, 2010, following the
February 2010 death of an animal trainer, OSHA cited SeaWorld of
Florida, LLC for a willful violation of Section 5(a)(1) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 654; the
"general duty clause"). These citations addressed exposing
employees to struck-by and drowning hazards while interacting with
killer whales. The general duty clause requires employers to
implement feasible measures to prevent or minimize recognized,
serious hazards. The general duty clause, therefore, applies to
workplaces where there are recognized hazards that could result in
death or serious physical harm, and requires that employers address
these hazards. In addition, OSHA cited SeaWorld of Florida under
existing OSHA standards for exposing employees to a fall hazard and
an electrical hazard.
Thank you for bringing your concerns to OSHA's attention. If we
can be of further assistance, please contact the Office of General
Industry and Agriculture Enforcement at (202) 693-1850.
Sincerely,
Thomas Galassi, Director
Directorate of Enforcement Programs