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Occupational Safety and Health

SeaWorld of FL v. Perez, 748 F.3d 1202 (D.C. Cir. 2014)

We now return to the SeaWorld citation: As you have seen, an employer can be cited for both violations of standards and violations of the general duty clause, including a willful level citation. This case is about risk in a dangerous entertainment occupation. The underlying question is: When should workers be allowed to assume these risks? Not surprisingly, the case found its way into the courts.

The text of the case case is not included in these materials. Please go to Westlaw or Lexis and read it now. SeaWorld of FL v Perez, 748 F.3d 1202 (D.C. Cir. 2014). 

You have previously read an excerpt from Judge (now Justice) Kavanaugh's opinion in this case. Continue to think about the issues he raises as you think about the approach the Supreme Court is likely to take to challenges to OSHA's actions going forward.