District judge Robert Maxwell judged that miners who elected UMWA representation could remain nameless despite a motion by the West Virginia mine’s owner and International Coal Group subsidiary, Wolf Run Mining, to identify them.

Additionally, according to the US Mine Safety and Health Administration, the Federal Mine Safety and Health Act of 1977 outlines the ability of two or more workers to retain representation while MSHA conducts examinations after an incident.

Moreover, a section of the regulation states that the union may complement the federal agency “during the physical inspection of any coal or other mine…for the purpose of aiding such inspection and to participate in pre- or post-inspection conferences held at the time.”

However, Wolf Run Mining refused entry to UMWA representatives in January when the group attempted to enter the operation with MSHA. The federal agency soon won an injunction to allow the union’s entry and is currently attempting to make that injunction permanent as the Sago investigation continues.

MSHA said in a statement Friday it supports the judge’s decision, saying that it is in line with the agency’s attempts to promote miners’ rights in the investigation.

“MSHA is very pleased that the district court has let stand MSHA’s decision that miners should have the right to appoint whoever they believe will best represent their concerns to participate in our physical investigations without fear of retaliation,” solicitor Howard Radzely said.

UMWA spokesperson Phil Smith concurred in an interview with Associated Press. “We’re glad that the judge upheld the right of these workers to have representation and to do so without fear of being exposed and being intimidated by the company.”

The Sago mine explosion in January killed 12 miners and left one, Randal McCloy, seriously injured. The lone survivor and two miners’ families filed suit against Wolf Run Mining last week, seeking punitive and compensatory damages.