LOUISVILLE, Ky. (AP) - A federal administrative court has reinstated a Kentucky miner who was fired from his job at a limestone mine after complaining about safety conditions and whether the mine was keeping workers safe from the coronavirus.
The court temporarily reinstated Bill Whitmore to his job at the Riverside Stone mine last month. Whitmore alleged he was fired for complaining about unsafe equipment and that superiors were not taking precautions to protect against COVID-19. The order by administrative judge William B. Moran on Aug. 4 allows for Whitmore to be reinstated to his job at his previous pay level while his case is litigated.
The company that owns the mine, Yager, said in court records that Whitmore was fired for making erroneous comments to a probationary employee at the mine. An attorney for the Owensboro, Kentucky-based company did not respond to a request for comment this week.
The case moved forward last week when the U.S. Department of Labor filed a complaint with the Federal Mine Safety and Health Review Commission in Washington on behalf of Whitmore, saying Yager “unlawfully discharged” Whitmore. Yager has 30 days to respond to that complaint, said Tony Oppegard, a mine safety lawyer in Lexington who is representing Whitmore.
Whitmore was fired April 29, according to court records.
He had told superiors a contractor at the mine property was not following coronavirus protocols because he had concerns the worker had been exposed to the virus while working in Louisiana. Whitmore also reported an incident where he had a near accident with a hauling truck underground and alleged several safety defects on company equipment.
Whitmore, who has worked in the mining industry for 35 years, started at the limestone mine in Meade County in 2019 as a maintenance manager.
Whitmore filed his complaint in May under the anti-discrimination provision of the federal mine safety act. Oppegard said in an email it’s “important that miners learn about their safety rights, which is why we think this case is newsworthy.” Wes Addington of the Appalachian Citizens Law Center in Whitesburg is also representing Whitmore.
Oppegard said as part of the agreement, Whitmore has been receiving pay during the reinstatement but will not be working at the mine. He went back on the payroll Aug. 5.
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