OSHA announced today that it has issued a citation against Sea World, determining the company willfully exposed its employees to recognized hazards that were likely to cause death or serious physical harm in relation to its interactive orca programs.
The agency defines a willful violation as one committed with “plain indifference to or intentional disregard for employee safety and health.” The proposed penalty for this violation is $70,000. SeaWorld now has 15 days to comply or contest the citation and penalties before the independent Occupational Safety and Health Review Commission.
WDCS maintains that orcas are unsuitable for captivity. Ms. Brancheau’s death has raised many questions about the dangers associated with keeping such large predators in captivity and also about whether the orcas themselves suffer from their confinement. WDCS has compiled a comprehensive record of injuries and incidents between captive orcas and their trainers stemming from the 1960s until the present. The record indicates that aggressive and unpredictable behavior, and therefore risk, is inherent within the performing orca industry.
Cathy Williamson, Captivity Program Manager for WDCS, noted: “these highly intelligent, highly social, large predators, live much shorter lives in captivity than their counterparts in the wild. They can also be dangerous, as we saw with this tragic death of a trainer at Sea World last February. WDCS believes it is time to end the keeping of these amazing animals in captivity and for the suffering to stop”.
The tragic death of Dawn Brancheau at Sea World after she was pulled into the water in front of spectators by a large male captive orca, Tillikum, took the world by storm. Although shocked by Ms. Brancheau’s death, WDCS was not surprised and believes the incident, the third to have involved Tillikum in the death of a human, to be the result of the unsuitable confinement of these large, intelligent, highly mobile, highly sociable species in captivity.
“Surely the continued premature deaths of orcas in captivity and the risks to trainers cannot be justified by the so-called educational benefits of keeping these animals in captivity, especially when those benefits are being increasingly called into question,” stated Courtney Vail, Campaigns Officer for WDCS. “We commend OSHA for seeking the truths behind orca-trainer interactions at Sea World and considering the long history of injuries and accidents that have preceded Ms. Brancheau’s unfortunate death. We appreciate the agency’s perseverance surrounding the investigation of this tragic event.”
WDCS is calling for much stricter regulation and governmental oversight of the captivity industry in the United States and elsewhere and campaigns against capture, trade and confinement of all whales, dolphins and porpoises. Their physical, social and mental needs cannot be met in captivity and the public display industry is a threat to populations in the wild that are targeted by live capture operations used to supply dolphin display and swim with programs worldwide.
WDCS, the Whale and Dolphin Conservation Society, is the global voice for the protection of cetaceans (whales, dolphins and porpoises) and their environment. Established in 1987, WDCS has offices in Argentina, Australasia, Germany, the UK and the US and maintains a worldwide network of consultants, researchers and supporters. WDCS funds conservation and research projects in countries all around the world. Visit www.wdcs.org for more information.
Action Alert: What you can do!
Contact OSHA and thank them for keeping the safety of the trainers at Sea World as their priority. With the long list of injuries that has occurred at Sea World parks in the past few decades, it is time to change the way these themeparks operate. Encourage OSHA to stay strong in requiring stringent provisions as SeaWorld responds to or contests the citation. WDCS believes that there is no possible way to protect trainers from the risks associated with interacting with orcas. There is no control or corrective measure that will provide the same or greater level of protection than the continued suspension of all water work between trainers and orcas.
WDCS believes that orcas clearly do not belong in captivity. We support OSHA’s citation against SeaWorld and believe the next step is to phase out orca captivity altogether. We believe that it is inherently cruel to restrict such social, intelligent and wide-ranging animals in captivity, where their physical, social and mental needs cannot be met. Furthermore, captivity is a threat to populations in the wild that are targeted by live capture operations for removal for dolphin shows and interaction programs worldwide.
With recent events illustrating the risks to both animals and humans of maintaining whales and dolphins in captivity, we are calling for a variety of regulatory provisions to address the current lack of oversight of public display facilities in the U.S., and continue our work with congressional representatives to spearhead initiatives to keep the industry accountable and responsive.
OSHA’s determination that SeaWorld willfully exposed its employees to inherent hazards in its orca performances is a step forward to protect the workers involved in the captivity industry and underscores the risks associated with maintaining these incredible animals in confinement.
Contact OSHA Today!
Dr. David Michaels
Occupational Safety and Health Administration
Assistant Secretary of Labor
Washington, DC
[email protected]
Cindy Coe
OSHA Regional Administrator
Atlanta, Georgia
[email protected]