Miner says he was fired after cooperating with MSHA

BECKLEY - Michael DeWayne Roberts filed suit in the Raleigh County Circuit Court on Nov. 15, naming Pocahontas Coal Co. LLC as the defendant.

According to Roberts, he was an employee of Pocahontas Coal starting in February 2012 in the company's Affinity mine in Raleigh County. There was a fatality at the mine in February, the cause of which was said to be an improperly installed safety switch on the gate of a hoist.

Following the death, the Mine Safety and Health Administration conducted an investigation.

MSHA's investigation allegedly revealed that the hoist system's safety switch had been disengaged and bypassed with a piece of electrical tape.

During the investigation, Roberts allegedly told the MSHA about the electrical tape covering the hoist's safety system. Roberts claims to have been fired in June as retaliation for his participation in the MSHA's investigation.

Roberts is suing for wrongful termination and is seeking an undisclosed mount in in damages. He is being represented by attorney Stephen B. Farmer.

The Affinity Mine was recently classified as a pattern violator, according to an October report by The Associated Press. Two men died at the mine in February in separate incidents a week apart.

Circuit Court of Raleigh County Case No. 13-C-952