The agency said in its complaint that Ricky Lee Campbell, a shuttlecar operator and bolter for several Massey operations, was fired April 23. He had worked less than three weeks at Marfork Coal’s Slip Ridge Cedar Grove mine in Raleigh County at the time of his dismissal.

MSHA claims that Marfork violated the Federal Mine Safety and Health Act of 1977, also known as the Mine Act, for discharging Campbell in retaliation for his having engaged in “protected safety activities”.

The complaint requests permanent reinstatement of the worker, back pay, a $US20,000 civil penalty and other relief that is deemed appropriate.

This week’s filing comes just two month after the federal agency filed a separate action on behalf of Campbell which argued that his complaint was “not frivolous” and requested temporary reinstatement of the worker.

Administrative law judge L Zane Gill granted that request and Campbell was temporarily placed back on the job.

“All miners – all workers – deserve basic protections on the job,” MSHA assistant secretary of mine safety and health Joseph Main said.

“While this case is being tried, we want to send a clear message that operators who punish employees for expressing concerns about safety conditions should be held accountable for their actions.”

Campbell had worked for three other Massey mines between late 2009 and April 2010, the date of his initial discharge.

He began at Marfork Coal’s Parker Peerless mine, was transferred to Performance Coal’s Upper Big Branch operation in January, and in late March returned briefly to Parker Peerless before starting work at Marfork Coal’s Slip Ridge Cedar Grove on April 5.

On April 7, Campbell returned to the Upper Big Branch Mine site, where he provided a television interview to members of the media.

While at Slip Ridge Cedar Grove, the worker then voiced concerns regarding shuttle car safety to members of mine management.