Ky. Coal Company Sues Worker Who Had Safety Worry

"We take these rights under the Mine Act very seriously and will vigorously investigate all discrimination complaints," Joe Main, the assistant Secretary of Labor for mine safety and health, said in a statement Tuesday.

Shemwell, a father of three who is divorced, has not been able to find work in the mining industry since his departure from Armstrong Coal, Oppegard said. He is installing carpet to make ends meet.

Shemwell had claimed he was overcome with fumes while working on a piece of machinery, and in another incident he complained about inadequate respirators, Oppegard said. Armstrong Coal said in its suit that Shemwell was disciplined on three different occasions for using his cellphone during work hours, the last time being on July 22, 2011. He was fired on Sept. 14 of that year.

After Armstrong Coal filed the lawsuit against Shemwell, he responded by asking the mine agency on Jan. 8 to get involved again because he felt he was being retaliated against.

The Federal Mine Safety and Health Review Commission, an administrative court in Washington that handles the discrimination complaints, has scheduled a hearing on Shemwell's case for Feb. 27.

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