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OSHA

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by

Ashley Ramsaran

on 16 April 2014

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Transcript of OSHA

SeaWorld
Our Viewpoint
Campaign
References
Our Mission:
With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA)* to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.
As previously stated, our mission is to ensure that every worker in the nation is employed under safe and healthy working conditions.We do so by strictly enforcing regulations and standards. Therefore, we have determined SeaWorld to be in violation of such codes due to the following:
1. Employer with-holding crucial information from employees regarding risks and hazards.
2. Lack of responsibility, regulation and oversight.
3. Placing profit about above Dawn Brancheau's death.
Occupational Safety & Health Administration
Opposition
http://www.takepart.com/article/2013/06/10/osha-hits-seaworld-fine-and-safety-violation-again
https://www.osha.gov/html/OSHAorgchart.pdf
https://www.osha.gov/doc/outreachtraining/htmlfiles/introsha.html
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=oshact&p_id=2743
Occupational Safety & Health Administration
OSHA Vs. SeaWorld
Purpose
References:
News Release
60 minutes
Inside story and on air interview w/ talk show host
Our Position:

The Occupational Safety and Health Act of 1970 was signed into law by President Richard Nixon on December 29,1970. In the four decades since, the progress made relating to work-related death is monumental.
Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health programs;
Provide for research in occupational safety and health to develop innovative ways of dealing with occupational safety and health problems;
Establish "separate but dependent responsibilities and rights" for employers and employees for the achievement of better safety and health conditions.
Maintain a reporting and recordkeeping system to monitor job-related injuries and illnesses;
Establish training programs to increase the number and competence of occupational safety and health personnel;
Develop mandatory job safety and health standards and enforce them effectively; and
Provide for the development, analysis, evaluation and approval of state occupational safety and health programs.
History
Reputation
Osha serves one purpose and it is to maintain workers health and safety. Since the establishment of the agency, workplace fatalities have been cut by 62 percent. Occupational injury and illness rates have declined 40 percent.
About us




Eric Nischwitz
Phillip O'Neal
Ashley Ramsaran
Kina Sitawi
Kaitlyn Strauss
Adam Taulbee

Structure
Federal OSHA is a small agency; with our state partners we have approximately 2,200 inspectors responsible for the health and safety of 130 million workers, employed at more than 8 million worksites around the nation - which translates to about one compliance officer for every 59,000 workers. OSHA is a division of the United States Department of Labor.
February, 2010 Dawn Brancheau killed by Tilikum.
SeaWorld makes first public
claims saying Dawn "slipped and fell".
Followed by the claim that Tilikum grabbed
Dawn's ponytail.
August, 2010 OSHA cites Seaworld of Florida LLC for three safety violations, including one classified as willful, following the death. Total Penality is $75,000.
This orders to keep all orca trainers out of the pools (i.e. during “water work”) and for them to maintain a safe distance or physical barrier when the whales sidle up to the stage or haul themselves out of the water in the slide-out area (i.e. during “drywork”).
Following the citation 2010, SeaWorld sued OSHA in response in order to overturn the original violation and the ban on water work and close-proximity dry work.
June 2012, judge Welsch did not overturn the violation, however he reduced the fine from "willful" to "serious". SeaWorld again, appealed.
The ruling stated:
“Proximity to the killer whales is the factor that determines the risk to the trainers,” and cited cases where “killer whales seized trainers during waterwork or pulled trainers into the water during drywork,” and where “the injured or deceased trainer was not recovered until the killer whale decided to release the trainer.”
June 2013, OSHA filed an additional citation against SeaWorld Florida ($38,500) for ignoring a federal court order and continuing to expose employees to known hazards.
April 2014, A U.S. appeals court upheld OSHA's ruling in regards to the hazards of working with killer whales. The 2-1 ruling prohibits SeaWorld trainers from entering the water with whales during shows.
Press Tour:
SeaWorld
1:41nothing is important more important than the safety of our employees guest
1:45in the animals entrusted to our care
we have never in the history
1:49our parks experienced an incident like this
and all of our standard operating
1:52procedures will come under review
OSHA
First recorded death of a human by killer whale (Tilikum),1991 @ Sealand of the Pacific.
July 1999, SeaWorld employee reports to work to find dead body in pool with Tilikum.
Two months prior to the death of Dawn Brancheau, Loro Parque trainer died due to "massive internal bleeding" after being rammed by killer whale.(All killer whales at this park located in Spain were owned by SeaWorld)
SeaWorld's own incident reports document over 100 incidents between 1989-2009
http://www.cnn.com/2013/11/12/us/seaworld-court-challenge/
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=18207
http://theorcaproject.wordpress.com/sw-vs-osha/
http://articles.orlandosentinel.com/2012-05-30/business/os-seaworld-osha-ruling-20120530_1_seaworld-killer-whale-trainers-killer-whales-marine-park-operator
http://www.inc.com/encyclopedia/occupational-safety-and-health-administration-osha.html
http://www.scribd.com/doc/183331826/SeaWorld-vs-OSHA-Dept-of-Labor-Response-Brief-US-Court-of-Appeals-Washington-DC
Full transcript