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Insider extra: Read OSHA report after killer whale bites SeaWorld Orlando trainer

Legal analyst: ‘You’re dealing with an animal, and animals can be unpredictable’

ORLANDO, Fla. – A trainer at SeaWorld Orlando was severely injured last year when one of the park’s killer whales bit her arm, breaking several bones.

The incident happened on June 13, 2022, but it went largely unnoticed until News 6 got a hold of an investigative report compiled by the Occupational Safety and Health Administration.

According to the report, the unnamed trainer was attempting to rinse the mouth of Malia, a 5,500-pound killer whale, who had debris of paint and food chips in her teeth and on the roof of her mouth.

“The victim retrieved a pressurized pump spray bottle, filled with water and fluoride, to rinse the roof of Malia’s mouth to help dislodge the paint chip,” the report stated. “The victim squirted Malia’s mouth and swept the spray wand from side to side. The victim went within less than 3-foot stay away rule by moving their right hand across the plane of Malia’s mouth, and the spray must have tickled the whale’s mouth, causing Malia to close her mouth. Malia gently closed her mouth with the victim’s right arm inside but immediately opened her mouth again once she felt resistance.”

Read the full report from OSHA:

The trainer was taken to Orlando Regional Medical Center, where she underwent surgery “to repair multiple fractures to the right forearm and wrist.”

Orange County Fire Rescue told News 6 they have no record of transporting the trainer.

The trainer survived.

This incident, however, is a reminder of what happened at SeaWorld Orlando in 2010 when trainer Dawn Brancheau was killed by a killer whale during a performance.

As a result of that case, OSHA eventually fined SeaWorld for safety violations.

In this case, OSHA’s final report indicated “no citations will be issued for this hazard” claiming “no specific OSHA standards apply.”

The investigators also wrote they were not invoking the General Duty Clause.

“The general idea is to keep the workplace safe,” News 6 legal expert Steven Kramer said. “Employers have an obligation under the General Duty Clause to keep a workplace free from hazards that are likely to cause death or great bodily harm.”

According to the OSHA report, SeaWorld officials explained they do have protocols in place for safely cleaning a killer whale’s mouth.

Those protocols include:

  • Signing for the whale to open its mouth
  • Use a teeth flush kit developed by the park
  • Use a water hose or a squirt bottle if necessary
  • Do not get within three feet of the whale’s mouth

Kramer says since SeaWorld had procedures in place and the trainer strayed within the stay-away zone, SeaWorld is not responsible.

“Here, it looks like we may have had an employee that just may have acted off-the-cuff and tried to do their best in a situation,” Kramer said. “Maybe they used good judgment, but you’re dealing with an animal, and animals can be unpredictable.”

News 6 asked SeaWorld Orlando if they have changed any of their protocols in the wake of this incident.

While they did not answer that question, a spokesperson did provide this statement:

“Last summer, an orca gently and briefly closed its mouth on a trainer’s arm while the trainer was working to clean its mouth. The trainer received immediate treatment and recovered. As is required in these circumstances, the incident was reported to OSHA who investigated the matter and found no negligence or violations. The safety of our animals and our employees are priorities in all that we do. We have extensive training and procedures in place that focus on maximizing safety for our animals and employees, including interactions between trainers and the animals in our care.”

News 6 investigated the park’s previous OSHA reports, and it appears to be the first animal-related injury since Brancheau was killed in 2010.


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About the Author
Erik Sandoval headshot

Erik Sandoval joined the News 6 team as a reporter in May 2013 and became a Manager of Content and Coverage in November 2024.

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