Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 314336850
Citation: 02001
Citation Type: Serious
Abatement Date: 09/02/2010 X
Initial Penalty: $70,000.00
Current Penalty: $7,000.00
Issuance Date: 08/23/2010
Nr Instances: 1
Nr Exposed: 21
Related Event Code (REC): A
Gravity: 10
Report ID: 0420600
Contest Date: 08/23/2010
Final Order: 06/11/2012
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 06/11/2012 | $7,000.00 | 09/02/2010 | Serious | |
Penalty | Z: Issued | 08/23/2010 | $70,000.00 | 09/02/2010 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard: STRUCK BY
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recogn ized hazards that were causing or likely to cause death or serious physical harm to employees in that: a)At the Shamu Stadium pools, animal trainers working wit h Tilikum, a killer whale with known aggressive tendencies and who was involved in the 1991 death of a whale trainer at a marine park in Vancouver, British Colu mbia, were exposed to struck-by and drowning hazards in that they were allowed u nprotected contact with Tilikum while conducting "drywork" performances on pool ledges, slideouts and platforms, on or about 2/24/2010. Among other methods, one feasible and acceptable means of abatement would be to not allow animal trainer s to have any contact with Tilikum unless they are protected by a physical barrier. b)At the Shamu Stadium pools, animal trainers working wit h killer whales other than Tilikum were exposed to struck-by and drowning hazard s in that they were allowed to engage in "waterwork" and "drywork" performances with the killer whales without adequate protection, on or about 2/24/2010. Among other methods, feasible and acceptable means of abatement would prohibit animal trainers from working with killer whales, including "waterwork" or "dry work", unless the trainers are protected through the use of physical barriers or throug h the use of decking systems, oxygen supply systems or other engineering or admi nistrative controls that provide the same or a greater level of protection for t he trainers.n