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SeaWorld Questions Ethics Of OSHA Investigator

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(Photo by Matt Stroshane/Getty Images)

(Photo by Matt Stroshane/Getty Images)

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South Florida Crime

MIAMI (CBSMiami/AP) — An Occupational Safety and Health Administration investigator is in deep waters after being called out by SeaWorld.

The marine-life based theme park filed a complaint against OHSA investigator Lara Padgett who they said had been unethical for allegedly socializing with the makers of a documentary critical of the park.

The six-page complaint, sent to the Labor Department on Thursday, states that SeaWorld believes that Padgett, who previously investigated a SeaWorld trainer’s death, “violated the Standards of Ethical Conduct for government employees…as well as other requirements of federal law.”

“We believe that this conduct demonstrates that she was influenced by improper considerations, and failed to bring the appropriate objectivity, in the investigation of the death of whale trainer Dawn Brancheau at SeaWorld of Florida,” the complaint says. “We believe that this continues to influence her ongoing enforcement efforts with regard to SeaWorld.”

Padgett investigated the death of trainer Dawn Brancheau in 2010. Brancheau was pulled into a pool by 12,000-pound killer whale named Tilikum and drowned.

The complaint also includes what it says are examples of Padgett’s violations of federal statute, such as posting critical comments about SeaWorld on social media and pictures of her attending film festivals with makers of the 2013″Blackfish” documentary.

“Evidence compiled over the past year, and presented to the federal Office of Inspector General, suggests that the OSHA compliance officer who led the inspection of SeaWorld Orlando following the death of killer whale trainer Dawn Brancheau, may have acted with a different agenda, one that is sympathetic to animal rights activism,” SeaWorld spokesman Fred Jacobs wrote in an email statement to The Associated Press. “We are confident that the federal government, the Department of Labor and OSHA will properly investigate this matter and handle it appropriately.”

A message left with OHSA seeking comment from Padgett was referred to the Inspector General’s office, and not immediately returned. A message left with “Blackfish” director Gabriela Cowperthwaite was also not immediately returned.

In its complaint SeaWorld also said that it has obtained evidence that Padgett disclosed confidential SeaWorld documents “as well as documents submitted in conjunction with a confidential medication before the D.C. Circuit Court of Appeals.”

That evidence, the complaint said, includes written and videotaped statements from an eyewitness who said that at the 2013 Sundance Film Festival a “Blackfish” producer — Tim Zimmermann — asked to borrow thumb drive from Padgett that was related SeaWorld’s case with OSHA.

“Blackfish” explores what may have caused Tilikum to kill Brancheau, a veteran SeaWorld trainer.

The orca also was involved in two other deaths. The documentary argues that killer whales, when in captivity, become more aggressive to humans and each other.

Since the documentary, several entertainers have pulled out of planned performances at SeaWorld Entertainment Inc. parks. Several musical acts pulled out of SeaWorld Orlando’s Bands, Brew and BBQ concert series in February, citing the documentary “Blackfish.” The list included Trisha Yearwood, Martina McBride, 38 Special, Barenaked Ladies, Willie Nelson and Heart.

Many of the performers canceled after fans started a campaign petition on the advocacy website Change.org.

OHSA said in December that it was looking into reports that Padgett, who helped investigate Brancheau’s death, had fraternized with the makers of “Blackfish” at film festivals around the nation.

(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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