The U.S. Court of Appeals has denied SeaWorld’s appeal of safety citations on Friday after one of their trainers was killed by a 12,000-pound killer whale.
According to CNN, the U.S. Occupational Safety and Health Administration cited SeaWorld after the incident that killed trainer Dawn Brancheau and set regulations on how the whales were to be interacted with.
SeaWorld appealed the case, but in a 2-1 decision, the judges sided with OSHA.
“The administrative record establishes that SeaWorld did not lack fair notice because the hazard arising from trainers’ close contact with killer whales in performance is preventable,” the judges wrote.
WKMG reports that OSHA wants SeaWorld to keep their employees behind barriers when dealing with the animals, or to be a safe distance away from killer whales so they cannot be dragged into the water.
“There will still be human interactions and performances with killer whales,” the judges wrote. “The remedy will simply require that they continue with increased safety measures.”
SeaWorld has not stated at this time if they will appeal to the U.S. Supreme Court.
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