safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis