ORLANDO, Fla. – A coach a SeaWorld Orlando she was seriously injured last year when one of the orcas in the park bit her arm and broke several bones.
The incident happened on June 13, 2022, but went largely unnoticed until News 6 obtained an investigative report prepared by the Occupational Safety and Health Administration.
According to the report, the unnamed trainer was trying to rinse the mouth of Malia, a 5,500-pound orca, who had paint residue and food chips on her teeth and palate.
[INSIDER EXTRA: Read OSHA report after killer whale bites SeaWorld Orlando trainer]
“The victim retrieved a pump spray bottle filled with water and fluoride to rinse the roof of Malia’s mouth to help dislodge the paint chip,” the report states. “The victim dragged Malia’s mouth and swept the spray wand from side to side. The victim stayed less than 3 feet away as he moved his right hand across the plane of Malia’s mouth , and the spray must have tickled the whale’s mouth, causing Malia to snap her mouth shut. Malia gently closed her mouth with the victim’s right arm inside, but immediately opened her mouth again when she felt resistance “.
The coach was taken to Orlando Regional Medical Center, where she underwent surgery “to repair multiple fractures in her right forearm and wrist.”
Orange County Fire officials told News 6 they do not have any transport records for the coach.
The coach 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 this case, OSHA eventually fined SeaWorld for safety violations.
In this case, OSHA’s final report stated that “no citations will be issued for this hazard” stating that “specific OSHA rules do not apply.”
The investigators also wrote that they were not invoking the General Duty Clause.
“The general idea is to keep the workplace safe,” said News 6 legal expert Steven Kramer. “Employers have a duty under the General Duties Clause to keep a workplace free from hazards that could cause death or serious bodily harm.”
According to the OSHA report, SeaWorld officials explained that they have protocols in place to safely clean a killer whale’s mouth.
These protocols include:
Signing for the whale to open its mouth
Use a teeth brushing kit developed by the park
Use a water hose or water bottle if necessary
Do not come within three feet of the whale’s mouth
Kramer says that because SeaWorld had procedures in place and the trainer veered into the no-go zone, SeaWorld is not liable.
“Here, it looks like we could have had an employee who could have acted cool and tried to do the best he could 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 didn’t answer that question, a spokesperson did make this statement:
“Last summer, a killer whale gently and briefly closed its mouth on a trainer’s arm while the trainer was working to clean its mouth. The coach received immediate treatment and recovered. As is necessary under 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 everything we do. We have extensive training and procedures that focus on maximizing the safety of our animals and employees, including the interactions between trainers and the animals in our care.”
News 6 looked into previous OSHA reports from the park and it appears to be the first animal-related injury since Brancheau was killed in 2010.
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