SeaWorld Appeals OSHA Ruling Banning Whale Trainers from Water

SeaWorld is appealing a federal ruling blocking trainers from entering the water with killer whales during performances after the death of Dawn Brancheau, a SeaWorld trainer who was dragged underwater and killed by orca whale Tilikum in 2010.

SeaWorld and the Occupational Safety and Health Administration made their cases to a federal appeals court on Tuesday.

SeaWorld wants to overturn safety citations and the ban on trainers joining the whales during water shows. The restrictions were implemented shortly after Brancheau's death.

The theme park was initially fined $75,000, but the overall fine was reduced to $12,000 after an appeal.

Tuesday's case centered on the General Duty Clause.It reads as follows:

"Each employer --

(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

(2) shall comply with occupational safety and health standards promulgated under this Act.

Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct."

Tilikum, the orca whale involved in Brancheau's death, has been involved in two other deaths during his time at SeaWorld. A 2013 documentary, "Blackfish," centered around the controversy at SeaWorld and detailed the deaths at length, focusing on the dangers of keeping orca whales in captivity.