Mackie Bailey’s attorney, coal expert Tony Oppegard, told the Lexington Herald-Leader that the Kentucky Office of Mine Safety and Licensing was “trying to punish the whistleblower” by sending Bailey, who worked at Manalapan Mining in Harlan County, before a state Mine Safety Review Committee.

Bailey will face a hearing in February and faces a one-year suspension of his mining certificate.

Oppegard, according to the report, requested Kentucky officials drop the complaint but no response has been received.

According to the newspaper, Bailey reported unsafe conditions at the room and pillar operation following the June 2011 death of David Partin, 49, who was crushed at the P-1 mine in a rock fall.

Bailey was reportedly a second-shift roof bolter at the mine at the time and said in an interview that he did not report the problems at first out of fear he would lose his job.

When Bailey did speak up to supervisors, the report said, he was told to keep working because they wanted to advance past a dangerous spot that would allow them to reach more coal on the other side prior to an inspector discovering the problem.

The issued continued for more than two weeks, according to a court document.

Manalapan Mining and three supervisors have pleaded guilty to violating federal safety laws in connection with Partin’s death.

OMSL officials did not respond to an ILN request for more information and comment, though spokesman Dick Brown told the Kentucky newspaper the agency would not comment on pending cases.

Oppegard, meanwhile, told the paper that many miners chose not to report problems because of feared retaliation.

“Your choice is either refuse and get fired or do something you know is dangerous," he said.