Fifth Circuit: Houston Aquarium, Incorporated v. OSHC, et al



ALJ correctly accepted analysis on matters other than the ultimate issue from lay witness, as lay witnesses can draw conclusions based on their experience; deft's witnesses appropriately considered lay witnesses, as there was no foundation laid.

Feeding and cleaning dives at an aquarium are scientific, not commercial, given plain meaning and the notes to the regulation, since they gather data and don't involve heavy tools.  Also the protections for commercial divers seem unnecessary in this context.

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