Wooten's office also sought to permanently revoke Wiseman's foreman's license, but also agreed to a one-year suspension instead to resolve the case.
Harvey said Massey let Wiseman go.
In Whitehead's case, a state inspector cited him in August 2008 for an incident that was alleged to have occurred in Massey's Horse Creek Eagle Mine.
The inspector alleged that Whitehead directed five workers to go into an area to install a water discharge line.
"By your own statements, you directed these men along with yourself to work and travel past two rockfalls in this entry which were unsupported," the inspector report said.
State officials fined Whitehead $200, but Whitehead challenged the citation and the penalty assessment.
In an October 2009 ruling, the state Coal Mine Safety Board of Appeals ruled in Whitehead's favor. Board members concluded that "it is a judgment call as to whether [the area] was adequately supported" and that a federal inspector who viewed the area did not issue a citation to the company. Board members found that Whitehead "did not exercise reckless and willful disregard of mandatory health and safety standards," as state inspectors had alleged.
Later, Whitehead became Massey's director of underground improvement. In that role, he was at Upper Big Branch the day of the April 5 explosion that killed 29 miners.
Since the disaster, federal investigators have said they were taking a closer look at what Whitehead and another Massey official, Performance Coal President Chris Blanchard, were doing underground for several hours after the explosion.
Massey has said the two men risked their lives to save any survivors of the explosion and did nothing wrong.
In late August, Whitehead was promoted to Massey's vice president for underground operations.
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.