Houston Aquarium Wins Job Safety Dispute Over ‘Diving’ Exemption

The Houston Aquarium shouldn’t have been cited by OSHA for job safety violations based on the lack of certain safety equipment for divers who feed marine animals and clean their tanks, the Fifth Circuit ruled.

Feeding and cleaning dives for the aquarium are covered under the “scientific diving” exemption to the Occupational Safety and Health Administration’s safety regulations, the federal appeals court held, reversing both OSHA and the Occupational Safety and Health Review Commission.

“We are not aware of any case law that speaks to whether the dive tasks performed at an aquarium qualify as scientific diving,” making the opinion ...