SeaWorld fined in trainer death

ORANGE COUNTY, Fla. (WOFL, FOX 35) - The U.S. Occupational Safety and Health Administration has issued citations and levied a $75,000 fine on SeaWorld Orlando due to the death of a trainer earlier this year.  Dawn Brancheau, 40, was killed in February after a killer whale pulled her into a tank at the park.

OSHA on Monday took over the investigation, citing that SeaWorld Orlando did not furnish an environment, "free from recognized hazards that were causing, or likely to cause, death or serious physical harm to employees."

Documents: Read the SeaWorld Citations

In total, there were three safety violations, including one classified as "willful." The willful citation was for exposing its employees to hazards when interacting with killer whales; OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The OSHA report described Tilikum as having "known aggressive tendencies." The six-ton whale was one of three orcas blamed for killing a trainer in 1991 after the woman lost her balance and fell in the pool at Sealand of the Pacific near Victoria, British Columbia. Tilikum also was also involved in a 1999 death, when the body of a man who had sneaked by SeaWorld Orlando security was found draped over him.

Sea World trainers were forbidden from getting in the water with Tilikum because of the previous deaths. But the killer whale still managed to grab Brancheau's long hair as she laid on her stomach on a cement clab in three inches of water. The cause of death was drowning and traumatic injuries

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

Complete Coverage: SeaWorld Trainer Killed>>>

A serious citation was issued for exposing employees to a fall hazard by failing to install a stairway railing system on the front side, left bridge of the "Believe" stage in Shamu Stadium. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Among the many recommendations made by OSHA one of the most severe would be to prohibit trainers from entering the water with any killer whale unless the trainers are protected ‘through the use of physical barriers, of through the use of decking systems, oxygen supply systems or other engineering or administrative controls.’

"All employers are obligated to assess potential risks to the safety and health of their employees and take actions to mitigate those risks," said Les Grove, OSHA's area director in Tampa, Fla. "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 safe way to reliably predict animal behavior under all conditions."

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SeaWorld officials responded by disagreeing with what it calls "unfounded allegations" and has already informed OSHA that they will contest the citations.

"The safety of our guests and employees and the welfare of our animals are core values for SeaWorld and areas in which we do not compromise," read a statement released to FOX 35 by Becca Bides, Director of Public Affairs SeaWorld Parks & Entertainment.

"The tragic accident on February 24, 2010 inspired an internal review of our whale program that has been unprecedented in scope. The findings of that review have been presented to an independent committee made up of some of the world's most respected marine mammal experts. Their conclusions, drawn from decades of experience caring for marine mammals, are in stark contrast to OSHA's. The safety of SeaWorld's killer whale program was already a model for marine zoological facilities around the world and the changes we are now undertaking in personal safety, facility design and communication will make the display of killer whales at SeaWorld parks safer still."

SeaWorld News Conference, February 24, 2010 >>>

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Bides went on to say that OSHA's allegations reflect a "fundamental lack of understanding of the safety requirements associated with marine mammal care."

According to SeaWorld, killer whales at the Orlando park are displayed under valid federal permits and under the supervision of two government agencies, the U.S. Department of Agriculture Animal and Plant Health Inspection Service and the U.S. Department of Commerce National Marine Fisheries Service. SeaWorld also points to its membership, in good standing, of the Association of