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The atramentous mining aggregation run by Admiral Donald Trump’s appointee to be the nation’s top mining regulator has already appear beneath criticism for weaknesses in its assurance record. It turns out the aggregation was additionally begin by the government to accept illegally retaliated adjoin a foreman who complained about animal and indigenous aggravation from supervisors, alarming altitude and biologic use at one of its mines.

The little-noticed case complex a foreman at a abundance operated by Rhino Energy WV. At the time, the admiral of the mine’s ancestor company, Rhino Resource Partners, was David Zatezalo, who is now Trump’s appointee to run the Abundance Assurance and Bloom Administration. A Senate board is appointed to vote on his choice Wednesday.

In the West Virginia case, Michael Jagodzinski, a foreman at the abundance amid abreast the boondocks of Bolt, complained in 2011 that he was the ambition of indigenous and gay slurs. The aggregation illegally retaliated adjoin him, falsely accusing him of animal harassment, and again accursed him, the U.S. Equal Application Opportunity Commission found. As a result, Rhino Energy WV entered into a five-year accord decree aftermost year, accordant to pay $62,500 to Jagodzinski and apparatus reforms, including a activity adjoin aggravation and training for all managers and advisers on prohibitions adjoin bigotry and retaliation. The aggregation additionally agreed to address how it handles any centralized complaints of bigotry to federal regulators, and column notices about the adjustment at all abundance sites.

Zatezalo retired from Rhino in 2014. If accepted to his new post, he would run an bureau that is allotment of the Labor Department. It conducts accustomed inspections, trains the industry on best practices and levies penalties adjoin mining companies for violations.

Democratic senators accept questioned Zatezalo’s almanac in the industry, citation assurance issues at mines he oversaw in West Virginia and Kentucky. One of his mines accustomed two afterwards “pattern of violations” citations from the mining assurance bureau — a attenuate sanction acclimated for echo offenders.

Based on those citations, Sen. Joe Manchin, D-W.Va., who generally throws his abutment abaft the mining industry’s priorities, appear he would argue Zatezalo’s confirmation, adage he is “not convinced” the above atramentous controlling “is ill-fitted to baby-sit the federal bureau that accouterments and enforces abundance assurance laws and standards.”

Zatezalo did not acknowledge to a appeal for an account about the aggravation case. A backer for the abundance assurance administering beneath to animadversion about the allegations.

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The problems at the Bolt abundance were brought to the absorption of federal authorities by Jagodzinski. The EEOC ultimately begin that the aggregation affianced in “unlawful application practices” starting in May 2011.

According to the government’s complaint, Jagodzinski faced a adverse assignment ambiance based on his Polish ancestry, including a battery of blame and apocryphal allegations of abode violations. The aggregation allegedly accustomed graffiti on the walls of the abundance Jagodzinski supervised, with letters such as “Jag the fag.” Both admiral and rank-and-file abundance advisers referred to Jagodzinski application that accusation and “stupid Polack,” the EEOC said.

“Supervisory cadre bootless to booty activity to stop the aggravation or anticipate it from recurring,” the government’s complaint reads. “Instead, admiral alternate in the harassment.”

A affiche afraid in the abode allegory Jagodzinski to a caveman, with the message: “JAG IS A FAG.” At one point, according to federal authorities, addition agent took Jagodzinski’s buzz and acclimated it to booty a photo of his own testicles.

“The aggravation was accessible and accessible to authoritative personnel,” federal authorities found, “and authoritative cadre alternate in the harassment.”

In a affidavit deposition, Jagodzinski said managers acclimated drugs on the job. In one case, he said managers angled off the mine’s advisers about an approaching biologic test.

Jagodzinski said in an account with ProPublica that the aggravation started because he was aggravating to accomplish abode assurance rules. “I was adjoin them breaking rules and accomplishing drugs and stealing,” Jagodzinski said. “Oxy, assumption pills, constructed weed, smoker underground, amusement pills underground. This abode was the complete affliction abode I’d formed in my absolute life.”

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In a affidavit deposition, a aggregation controlling said Zatezalo accustomed the termination, but denied that the aggregation addled Jagodzinski or accursed him as retaliation. The company, he said, had austere behavior adjoin biologic use.

“These bodies assignment in a bedfast space, underground in a bedfast amplitude area ample accessories moves. Any crime to acumen is a very, actual aerial risk, so we abide — we acceptable zero,” the controlling said.

Court filings appearance Zatezalo was additionally appointed to be deposed, but it appears the aggregation agreed to achieve with the government afore he was interviewed beneath oath.

The accord decree followed added accurate problems at Rhino, which at the end of 2011 operated 11 mines in four states, with a absolute of added than 1,000 workers. One mine, additionally abreast Bolt, was hit in 2010 with a “pattern of violations” letter from the mining agency, a sanction that according to the agency’s website is “reserved for mines that affectation the greatest accident to the bloom and assurance of miners, decidedly those with abiding abuse records.”

A few months later, bedrock from a bank in the aforementioned abundance affianced and dead a miner. The abundance was accustomed a additional “pattern of violations” letter, with the assurance bureau award that the aggregation had not maintained the assurance improvements it fabricated afterwards the aboriginal letter.

In addition instance, government regulators accused the aggregation of alerting miners underground of an approaching bureau inspection, which would accept accustomed workers to apple-pie up any abeyant violations.

A analysis of authoritative filings by The Charleston Gazette-Mail begin that during his career Zatezalo was listed as administrator of mining operations or as abundance accepted administrator during accidents that resulted in three mining deaths. He was a top administrator at the time of a fourth death.

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During a Senate acceptance audition beforehand this month, Zatezalo accustomed that at times his bounded managers were “not accomplishing what they should accept been doing” and that in those cases, he replaced them. He said that if he was accepted he wouldn’t abate abundance regulation.

“Inspections in the mines in the United States are a necessity,” he said.

Zatezalo began his mining career as a abutment laborer, afore ascent in the ranks to authority top positions at American Electric Power Atramentous and Rhino. He additionally helped advance atramentous advancement associations in Ohio and Kentucky.

Zatezalo was not broadly accepted nationally afore he was nominated. In an account with his hometown bi-weekly in Wheeling, West Virginia, Zatezalo said that industry contacts had apprenticed him to appear out of retirement and put his name in the active for the post. Among his backers, he said, were Robert Murray, the affecting administrator of mining behemothic Murray Energy.

“There aren’t a lot of bodies in the industry I don’t know, and bodies said, ‘You’d be abundant for that position. I’m activity to alarm Sen. (Mitch) McConnell and acquaint him he needs to abutment you for this,'” Zatezalo recalled.

Zatezalo afterwards antiseptic and said he was not abiding if Murray had lobbied on his behalf.

Jagodzinski, the abundance foreman at the centermost of the government’s bigotry suit, said he has been stigmatized afterwards actuality falsely accursed for animal harassment, and has had adversity award abiding application since.

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“They broke me, dude. I’ve absent everything,” he said in an interview. “And now I see Zatezalo’s activity to run MSHA. I cannot accept it.”


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