Case - Seaworld of Florida v. Perez Book - Employment Law for Human Resource Practice 6th Edition
Question:
Case - Seaworld of Florida v. Perez
Book - Employment Law for Human Resource Practice 6th Edition
1. What are the legal issues in this case? What did the appeals court decide?
2. What things must be shown to establish a violation under the general duty clause of the OSH Act? How is each of these elements satisfied in this case?
3. This case involves unusual hazards employees face in a business that produces a unique form of entertainment. Legally speaking, should any of that matter? Should OSHA be able to regulate safety in the entertainment industry? Why or Why Not?
4. An undercurrent, in this case, is the claim that the regulation of safety by OSHA is interfering with the basic business model and product of SeaWorld. Is that true? Why or Why not? In general, should OSHA be able to ban activities, substances, or work processes because they are too dangerous, even if they are widely used in industry? Order the closure of inordinately dangerous activities? Why or why not?
5. Do you agree with the court's decision? Why or why not?