Kavanaugh, Seaworld, and OSHA

Welp, now we know . . . President Trump's pick to replace Justice Kennedy is Judge Kavanaugh from the D.C. Circuit. I teach employment law for Penn State's School of Labor and Employment Relations. The past several semesters, the class on OSHA has included discussion of Seaworld of Fla. v. Perez – including Judge Kavanaugh's dissent.This case arose from a tragic fatality involving a killer whale trainer. The issue was whether SeaWorld's killer whale shows violated OSHA's "general duty clause" – which requires a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." The 2-judge majority held that SeaWorld had indeed violated OSHA. The hazards of killer whale performances could be abated by maintaining distance from the whales, working behind a barrier, and/or ceasing waterwork.SCOTUS NomineeJudge Brett KavanaughJudge Kavanaugh dissented. Why? Judge…

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