In the wake of the 2013 documentary "Blackfish," which that chronicles the abuse and trauma of captive orca whales that arguably led to the death of at least three trainers, including the beloved veteran trainer Dawn Brancheau, SeaWorld has been facing some harsh media and public criticism for their treatment of animals and employees.
In "Blackfish," former SeaWorld trainers and orca experts, including an OSHA expert witness, explain the inherent dangers in performing shows with captive, often unpredictable orca whales, their commentary provided alongside shocking footage of orcas body-slamming and trying to drown trainers they have close relationships with with during and in-between live performances.
In one harrowing sequence, a trainer is pulled underwater for minutes at a time again and again by his orca during a show who refuses to let go of his foot. While he was eventually able to coax the animal into letting him go, Brancheau was not so lucky, her autopsy revealing a brutal death involving scalping and dismemberment by captive whale Tilikum in front of horrified onlookers.
Following the death of Brancheau in 2010 (which SeaWorld initially blamed on "trainer error"), OSHA took SeaWorld to court for violating the general duty clause of the Occupational Safety and Health Act, on the basis that SeaWorld exposed its workers to known hazards in the workplace, CNN reports.
After SeaWorld was given a $75,000 fine and citation, the company appealed. Last year, a federal judge reduced the fine to $12,000, downgrading the citation from "willful" to "serious." He did, however, side with OSHA, and required SeaWorld set up physical barriers between their whales and trainers to reduce the risk of trainer injury and death.
Up until 2010, the park was known for its famous Shamu shows, featuring trainers doing impressive tricks and physical stunts with the whales, but under current court orders, have put such shows to rest. SeaWorld is nonetheless insistent on appealing the ban.
"SeaWorld offers the public an opportunity to observe humans' interaction with killer whales," the company said in court documents. "This brings profound public educational benefit, is integral to SeaWorld's care of the whales, and responds to an elemental human desire to know, understand, and interact with the natural world."
In a response brief, OSHA argued: "It is clear from SeaWorld's adoption of these measures that close contact of the kind that resulted in Dawn Brancheau's death is not essential to SeaWorld's ability to draw visitors to its parks, to practice behaviors during shows, or to care for its whales."
According to Benjamin Briggs, a partner with Seyfarth Shaw LLP who specializes in labor law, SeaWorld's claim that OSHA should have intervened or opened an investigation long before 2010 is legitimate, though they face an uphill battle in court with OSHA.
"There's a long and well-documented track record of these types of animals behaving aggressively toward humans to the point that they've caused a number of fatalities, not only at SeaWorld but at a number of places," Briggs told CNN. "That is what OSHA is going to say: 'You absolutely were on notice of this, this is absolutely a recognized hazard.' This kind of track record is not one you can ignore. So it's very important, it's what OSHA's case really hinges upon."
CNN Films has since acquired and aired "Blackfish" many times.
