OSHA Hails Judge's Decision Upholding General Duty Use In Whale Mauling Case

OSHA hailed a recent decision by a federal judge upholding the agency's use of the OSH Act general duty clause in the highly publicized case of a whale trainer who was fatally mauled by an orca at SeaWorld, saying the decision shows that the broad requirement in the OSH Act can be effectively used in cases where there is a recognized hazard but no specific regulation. The decision prompted concern from industry, with one attorney who has criticized the administration's expanded use of the general duty clause questioning why OSHA has not instead proposed a rule. An administrative law judge (ALJ