Miner Says Foreman Painted His Testicles

     (CN) – A Mingo County, West Virginia mine worker claims in a lawsuit that a foreman twice painted his testicles white after he complained of exposure to excessive amounts of coal dust while working.
     In a complaint filed July 8, Joshua Clay alleges that while working as a “roof bolter” at the Kielty Mine in Mingo County, he was repeatedly required to work on the air return side of a continuous miner system that created coal dust.
     He maintains that the Mine Safety and Health Administration has specifically implemented regulations to limit exposure to coal dust, and that finally, he felt compelled to complain about the situation to defendant Adam Whitt, his foreman at the worksite.
     But Whitt allegedly responded not by rectifying the situation, but by removing Clay from his position as a roof bolter.
     Then, “[a]fter Plaintiff’s complaints about the excessive exposure to the coal dust, Defendant Adam Whitt sprayed Plaintiff’s testicles with spray paint on two separate occasions,” the complaint says.
     “Within one month of Plaintiff’s complaints about being required to work in areas where he was exposed to amounts of coal dust in excess of what is allowed by Mine Safety and Health regulations, Plaintiff’s employment was willfully, wantonly, and egregiously terminated,” it continues.
     Clay seeks lost pay and fringe benefits, from pay and benefits, and unspecified compensatory and punitive damages.
     He is represented by Lia DiTrapano Fairless and L. Tom Price, both of Charleston, West Virginia.
     Representatives of the owners of the Kielty Mine could not immediately be reached for comment.

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