SeaWorld recently announced it will no longer breed killer whales in captivity. It’s probable this decision was made in response to a public relations firestorm surrounding SeaWorld’s killer whale performances following the death of an employee tasked with training and performing with SeaWorld’s featured entertainers. Review the case presented on pages 554 through 558 of the 5th edition of ELHRP (or read the Clippings feature in the 4th edition and this article published by Reuters last fall for updated information). Determine what type of claim (i.e, which hammer) OSHA brought against SeaWorld, walk these facts through the elements and determine whether you think OSHA’s decision should be upheld on appeal. Then, explain whether you think your conclusion is appropriate given the nature of the business SeaWorld and its employees are engaged in.