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Judge rules Arch wrongly fired whistleblower

A MINER employed by Arch Coal subsidiary Cumberland River Coal won a legal challenge after a judg...

Justin Niessner

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Charles Scott Howard, 52, has spoken out on several occasions regarding mine safety issues, starting with a 2007 testimony before a congressional committee.

Howard sued Cumberland River Coal in May 2011 regarding an earlier on-job injury and was fired the same month.

Legal challenge to the dismissal reportedly resulted in a $US30,000 fine for the coal company and an order to offer Howard his job back.

According to an Associated Press report, administrative law judge Margaret A Miller concluded in a 12-page decision that Arch and Cumberland River Coal went to great lengths to justify dismissing Howard after he alerted federal officials about safety at the mine where we worked.

“It is obvious that [Cumberland River Coal] worked diligently to end Howard’s employment,” Miller wrote.

The report notes that after Howard was injured in June 2010, a number of doctors treated him and most cleared him to return to work.

When, after several examinations, a doctor finally ruled that Howard should no longer work in coal mining, the company reportedly seized the opportunity to fire him.

“The mine waited until every doctor, including two neurosurgeons, two eye doctors, a psychiatrist and others found no impairment and agreed to return to work,” the AP quoted from Miller’s written decision.

“I find that the mine sought out and received the opinion they were seeking and immediately upon receipt of that single opinion, terminated Howard's employment.”

As of press time, Arch Coal has not offered any public comment on the judge’s ruling.

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