brancheau was mauled by by the killer whale she was work wut and was the third death connected to the same killer whale. all of a sudden the whale just latched onto her and took her under. reporter: osha fined seaworld $12,000. but more important, it banned close contact between humans and killer whales during performances. seaworld argued that interaction is the crucial part of its business. is that a legitimate argument? i think it is a legitimate argument. again, they are taking the position that this isn t just the way that we do work, it s what we re it s our product. reporter: benjamin briggs has argued corporate appeals to osha rulings. says what the government agency has on its side is history. there s a long and well-documented track record of these types of animals behaving aggressively towards humans to the point that they ve caused a number of fatalities. not only at seaworld but at other places. reporter: eugene scalia, son of supreme court justice antonin
the amusement park is taking on the federal government today, trying to get its killer whale trainers back in the water. now, i don t know if you know this. maybe you ve been to seaworld. but trainers have been banned from the pools ever since a veteran trainer was killed by a whale named tilikum. the government says the rules are needed to keep trainers safe. but seaworld says the ban is hurting business big time. martin savidge is out front. reporter: the stakes are as big as the star performers at the heart of the matter. seaworld appealing to a three-judge federal appellate panel asking them to overturn an osha rule restricting trainers in the water with killer whales. no cameras were allowed but there was such high interest, the hearing was held at a law school auditorium. the 2010 death of veteran seaworld trainer dawn brancheau brought an end to breath-taking performances like these. brancheau was mauled by by the killer whale she was working with us and was the third death co
seaworld trainer dawn brancheau brought an end to breathtaking performances like these. she was mauled by the killer whale she was working with. she was the third death connected to the same killer whale. all of a sudden is, the whale latched on to her and took her under. the occupation participational safety and health administration ultimately fined seaworld $12,000, a drop in the whale pool for a company that pulls in billion and a half dollars a year. but osha also prohibited seaworld trainers from getting into the water with its killer whales. that was a showstopper. so seaworld s appealing. and the case centers on something called the general duty clause which seemingly says employers have to provide a workplace free from recognized hazards. known hazard i guess is the key here. it is, yes. benjamin briggs as offered appeals to osha rulings and he
cnn s martin savidge explains why today s hearing could be a make or break moment for sea world. reporter: the 2010 death of veteran sea world trainer drawn brancheau brought an end to breathtaking performances like these. she was mauled by the killer whale she was working with, the third death linked to the same killer whale. he just latched on to her. reporter: a drop in the whale pool for a company that pulls in $1.5 billion a year, but osha also prohibited sea world trainers from getting into the water with its killer whales. that was a showstopper. so, sea world s appealing. and the case centers on something called the general duty clause, which essentially says employers have to provide a workplace free from recognized hazards. a known hazard is kind of the
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