Health and safety prosecutions

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Details of ORR health and safety prosecutions resulting in conviction since 1 April 2006.

Prior to 1 April 2006, the Health and Safety Executive enforced health and safety legislation for railways and you will find relevant notices on the HSE website.

Prosecutions in 2023

Network Rail Infrastructure Limited (Carmont), sentenced 8 September 2023

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Summary 

On the railway line near Carmont, on 12th August 2020, washed out debris from a drainage system (installed in 2011/12) obstructed the track and caused a train to derail, resulting in the deaths of the train driver, conductor and a passenger, and serious injuries to six passengers.  

Network Rail had failed to ensure the effective construction, handover, inspection and maintenance of the drainage asset. 

In addition, Network Rail did not have in place suitable arrangements for training and quality assurance in the use of weather forecasting tools; and failed to put in place appropriate operational management arrangements during a period of extreme weather (in particular the failure to impose a speed restriction or otherwise warn the driver).

Company 

Network Rail Infrastructure Limited

Breaches involved

Health and Safety at Work etc Act 1974, Section 3(1)

Date(s) of offence

Between 1 May 2011 and 12 August 2020

Plea

Guilty

Result

Guilty

Court

Aberdeen High Court

Sentencing date

8 September 2023

Penalty

Fine: £6.7 million

Costs

Not awarded in Scottish cases.

Location of offence 

Address: 

On the railway line between Dundee and Aberdeen, near Carmont, Aberdeenshire, the West of Scotland Rail Operating Centre, 90 Cowlairs Road, Glasgow and elsewhere in Scotland.

ORR details 

ORR Team: Scotland Team and Civils Specialist Team

ORR Directorate: Railway Safety Directorate

Gwili Railway Company Limited, sentenced 7 September 2023

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Summary 

Gwili Railway Company Limited were fine £18,000 on 7 September 2023 for breaching health and safety legislation.

It followed an incident which occurred on 16 June 2022 in which a volunteer at the railway fell from the roof of a Mark I passenger coach to the ground suffering a broken right leg. The volunteer had been assisting with the task of erecting an industrial canopy over a Victorian train carriage and a Mark I passenger coach. The work activity was carried out over several days and, as a consequence, the risk of falling from height was present for a sustained period; several volunteers and one employee of the company were exposed to this risk.

ORR’s investigation found that there was a lack of planning, management and supervision of the specific task, that no measures had been put in place to protect against a fall from the carriage roof and that none of the volunteers had competence in working at height. It was also discovered that a ladder used by the volunteer to climb onto the carriage roof was in poor condition and not fit for use.

A Prohibition Notice was also served by ORR on the Company on 28 June 2022 following this incident. 

Company 

Gwili Railway Company Limited

Breaches involved

Regulation 6(3) of The Work at Height Regulations 2005

Dates of offence

Between 26 May 2022 and 16 June 2022

Plea

Guilty

Result

Gwili Railway Company Limited were convicted of an offence under Section 33(1)(c) of the Health & Safety at Work etc. Act 1974 for failing to discharge its duty under Regulation 6(3) of The Work at Height Regulations 2005

Court

Llanelli Magistrates’ Court

Sentencing date

7 September 2023

Penalty

£18,000 

(micro company – sentenced in High Culpability/ Harm Category 2)

Costs

£18,557.32

Location of offence 

Address: 
Gwili Railway Company Limited’s Llwyfan Cerrig Yard 

ORR details 

ORR Directorate: Railway Safety Directorate

Edinburgh Trams Limited (Saughton), sentenced 24 August 2023

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Summary 

At 12:10 hrs on Tuesday 11 September 2018, a 53 Year old male, was using the Saughton Mains footpath crossing of the Edinburgh tramway when he was struck by a tram and fatally injured.

ORR’s investigation found that Edinburgh Trams had failed to carry out a suitable and sufficient risk assessment of the layout of the crossing, and failed to assess the loudness of the tram audible warning systems and emergency braking distances of trams approaching the crossing in order to identify and implement adequate control measures to address these hazards.

Company 

Edinburgh Trams Limited

Breaches involved

Health and Safety at Work etc. Act 1974, Section 3(1)

Date(s) of offence

30 May 2018 to 11 September 2018

Plea

Guilty

Result

Guilty

Court

Edinburgh Sheriff Court

Sentencing date

24 August 2023

Penalty

Fine - £240,000

Costs

Not awarded in Scottish cases

Location of offence 

Address: 
Saughton Main Crossing – Edinburgh Tramway

ORR details 

ORR Team: Tram Team
ORR Directorate: Railway Safety Directorate

Tram Operations Limited, sentenced 27 July 2023

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Summary 

Tram Operations Limited were fined £4 million on 27 July 2023 for breaching health and safety legislation.

It followed the tram derailment that occurred at Sandilands junction, Croydon on 9 November 2016 when a tram, travelling in poor weather and at three times the speed permitted, overturned. The result of this derailment was that 7 people died, 19 other passengers suffered life-changing injuries, and of the total of 69 passengers on board the tram only one escaped injury. 

Tram Operations Limited operates the tram network including employing the drivers. 

ORR’s investigation revealed that TOL did not do all that was reasonably practicable to ensure the safety of both passengers and also drivers on the tram network. No suitable or sufficient risk assessment of the risks of a high-speed derailment on the network had been performed. There had been many missed opportunities over the years leading up to the derailment to consider the risks that were presented, assess and analyse them, and then take reasonably practicable steps to reduce them. In terms of the infrastructure, it was also found that the lighting in the tunnel was defective, there was inadequate signage and lack of visual cues within the tunnel which increased the risk of driver disorientation.

Company 

Tram Operations Limited 

Breaches involved

Section 3(1) of the Health & Safety at Work etc. Act 1974

Dates of offence

Between 10 May 2000 and 9 November 2016

Plea

Guilty

Result

Tram Operations Limited were convicted of an offence under Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 for failing to discharge its duty under Section 3(1) of the Act.

Court

Central Criminal Court, London

Sentencing date

27 July 2023

Penalty

£4million (medium company – sentenced in High Culpability/ Harm Category 1)

Costs

£234,404.00

Location of offence 

Address: Croydon Tram Network

ORR details 

ORR Directorate: Railway Safety Directorate

Transport for London, sentenced 27 July 2023

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Summary 

Transport for London were fined £10 million on 27 July 2023 for breaching health and safety legislation.

It followed the tram derailment that occurred at Sandilands junction, Croydon on 9 November 2016 when a tram, travelling in poor weather and at three times the speed permitted, overturned. The result of this derailment was that 7 people died, 19 other passengers suffered life-changing injuries, and of the total of 69 passengers on board the tram only one escaped injury. 

Transport for London owns and maintains the infrastructure used by the Croydon tram network. 

ORR’s investigation revealed that TfL did not do all that was reasonably practicable to ensure the safety of both passengers and also drivers on the tram network. No suitable or sufficient risk assessment of the risks of a high-speed derailment on the network had been performed and there had been many missed opportunities over the years leading up to the derailment to consider the risks that were presented, asses and analyse them, and then take reasonably practicable steps to reduce them. In terms of the infrastructure, it was also found that the lighting in the tunnel was defective, there was inadequate signage and lack of visual cues within the tunnel which increased the risk of driver disorientation. 

Company 

Transport for London

Breaches involved

  • Section 3(1) of the Health & Safety at Work etc. Act 1974

Dates of offence

Between 27 June 2008 and 9 November 2016

Plea

Guilty

Result

Transport for London were convicted of an offence under Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 for failing to discharge its duty under Section 3(1) of the Act.

Court

Central Criminal Court, London

Sentencing date

27 July 2023

Penalty

£10 million
(very large organisation – sentenced in High Culpability/ Harm Category 1)

Costs

£234,404.00

Location of offence 

Address: Croydon Tram Network

ORR details

ORR Directorate: Railway Safety Directorate

Linbrooke Services Limited, sentenced on 10 May 2023

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Summary 

At 08:34 on 5 June 2018 an electrician installing public address system equipment station fell from a stepladder and onto a section of improvised work equipment sustaining a fatal injury.

Investigation by ORR found the activity included pulling cable while working at height and that cable pulling was added in a change of scope of work some two weeks before the incident.

The changed task was not subject to a suitable and sufficient risk assessment and the unsuitability of a stepladder and reasonable practicability of using other, safer access alternatives were not identified and acted on. 

Work instructions were not changed or briefed to staff on site to ensure methods were used access the working position and dispense cable that ensured the team was not, so far as reasonably practicable exposed to risk to their health and safety.

Defendant

Linbrooke Services Limited

Breaches involved

  • Management of Health and Safety at Work Regulations 1999, Regulation 3(1)
  • Work at Height Regulations 2005 Regulation 4
  • Work at Height Regulations 2005 Regulation 6(4)(b)

Date(s) of offence

Between 24 May and 5 June 2018

Plea

Not guilty

Result

Jury verdict – Guilty on all 3 charges

Court

Dumbarton Sheriff Court

Sentencing date

10 May 2023

Penalty

£600,000, comprising a fine of £400,000 and a compensation order of £200,000.

Costs

Not awarded in Scottish cases.

Location of offence 

Bearsden Railway Station, West Dunbartonshire

ORR details 

ORR Directorate: Railway Safety Directorate

Amey Rail Limited, sentenced on 4 April 2023

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Summary 

Amey Rail Limited were fined £533,334 on 4 April 2023 for breaching health and safety legislation.  

It followed an incident which occurred on 25 December 2019 in which a self-employed senior linesman working for Amey, suffered life-changing injuries after coming into contact with an overhead wire which was live at 25,000 volts. The team he was working in were carrying out remedial works to overhead lines 2.5 miles outside Paddington Station, near Kensal Green, London.

The team were unaware that they were working outside the electrical isolation due to systems not being sufficiently adhered to or implemented to ensure works were carried out in a way to protect the health and safety of those working on the electrical lines. 

ORR’s investigation found that there was no effective system in place with regards to the planning of this work and inadequate supervision in place to oversee the safe conduct of the works.

The Company also failed to ensure that Test Before Touch was properly and adequately carried out.

Company 

Amey Rail Limited

Breaches involved

Section 3(1) of the Health & Safety at Work etc. Act 1974

Date(s) of offence

25 December 2019

Plea

Guilty

Result

Amey Rail Limited were convicted of an offence under Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 for failing to discharge its duty under Section 3(1) of the Act.

Court

Westminster Magistrates’ Court

Sentencing date

4 April 2023

Penalty

£533,334

(large company – sentenced in Medium Culpability/ Harm Category 2)

Costs

£41,000

Location of offence 

Address: 

CRDL2, 2m 53ch (approx.) nr Kensal Green, London W10, Western Route

ORR details 

ORR Directorate: Railway Safety Directorate
 

Siemens PLC, sentenced on 7 February 2023

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Summary 

Siemens PLC were fined £1.4m on 7 February 2023 for breaching health and safety legislation. 

It followed an accident which occurred on 13 June 2017 in which a self-employed contractor working in the Heavy Overhaul Team at Siemens Old Oak Common depot was killed when a 650kg traction motor he was preparing for removal from an electric locomotive fell on him and caused him fatal crush injuries.

ORR’s investigation revealed defects in task planning, which included the failure to carry out an appropriate task specific risk assessment and a lack of clear allocation of responsibility for supervision of the task.

Defendant

Siemens PLC

Breaches involved

Section 3(1) of the Health & Safety at Work etc. Act 1974 

Date(s) of offence

On or before the 13 June 2017

Plea

Guilty

Result

Siemens PLC were convicted of an offence under Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 for failing to discharge its duty under Section 3(1) of the Act.

Court

Central Criminal Court London

Sentencing date

7 February 2023

Penalty

£1.4million

(very large organisation – sentenced in Medium Culpability/ Harm category 2)

Costs

£99,284.84

Location of offence 

Siemens Train Care Facility, 203 Old Oak Common Lane, White City, London W3 7DX

ORR details 

ORR Directorate: Railway Safety Directorate

Mr Mark Andrew Hubble, sentenced on 9 January 2023

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Summary 

Mr Mark Andrew Hubble was sentenced on 9 January 2023 for breaching health and safety legislation. The sentence was in relation to the Defendant’s failure to take reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions at work. 

It follows an incident on 23 March 2020 in which Mr Hubble who was driving a class 66 diesel electric locomotive owned and operated by DB Cargo (UK) Limited, lost concentration and failed to control the speed of the locomotive. The locomotive failed to stop and ran through the buffer stops at the end of the Up Bromsgrove Neck, causing it to derail and partially obstruct the adjacent running line, about 700 metres south of Bromsgrove station. Less than a minute later, a passing CrossCountry passenger train then struck Mr. Hubble’s locomotive. No-one was injured, but there was extensive damage to both the locomotive and the passenger train.

ORR’s investigation into the incident found that the Defendant had been using his mobile phone in the cab whilst driving the locomotive to send a receive a number of text and picture messages which was contrary to DB Cargo policy. This resulted in a failure to control the speed of the locomotive, failure to drive in accordance with established railway driving standards, a failure to stop the locomotive before the buffer stops, collision with buffer stops, derailment of the locomotive and subsequent collision with a passenger train that had passengers on board.

Defendant

Mr Mark Andrew Hubble

Breaches involved

Section 7(a) of the Health & Safety at Work etc. Act 1974

Date of offence

23 March 2020

Plea

Guilty

Result

Mr Hubble was convicted of an offence under Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 for failing to discharge his duty under Section 7(a) of the Act.

Court

Worcester Crown Court

Sentencing date

9 January 2023

Penalty

Sentenced to 8 months imprisonment, suspended for 18 months. 

Requirements to be imposed on sentence: 120 hours of unpaid work to be undertaken within the next 12 months.
[Sentenced in high culpability/ Harm category 1]

Also ordered to pay £600 compensation to the driver of the passenger train which struck the derailed locomotive Mr Hubble had been driving.  

Costs

£2,400

Location of offence 

At the end of the up Bromsgrove neck siding, about 700 metres to the south of Bromsgrove station on the Bristol to Birmingham main line.

ORR details 

ORR Directorate: Railway Safety Directorate

Prosecutions in 2022

VolkerRail Limited, sentenced on 13 May 2022

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Company 

VolkerRail Limited

Summary 

VolkerRail Limited were fined £550,000 on 13 May 2022 for breaching health and safety legislation. The fine was in relation to the Company’s failure to take reasonable steps to prevent danger to workers undertaking excavation work beside the railway.

It followed an incident which occurred on 6 July 2014 in which a worker, who was working in a trench as part of a project carrying out excavation work outside Stafford railway station, was buried when the wall of the trench collapsed. The worker sustained serious injuries.

ORR’s investigation into the incident found that the Company did not use temporary works (such as trench supports) to shore up the excavation despite evidence of unstable ground conditions, and expert evidence showed that had they done so the collapse would not have occurred. ORR also found that the Company did not adequately brief its construction team on how to complete tasks and was not following its own methods. In addition, poor management meant failings were not corrected and complaints were not fully acted upon.

Breaches involved

Regulation 31 of the Construction (Design & Management) Regulations 2007

Date(s) of offence

On and before 6 July 2014

Plea

Guilty

Result

VolkerRail Limited were convicted of an offence under section 33(1)(c) of the Health & Safety at Work etc. Act 1974 for contravening Regulation 31 of the Construction (Design & Management) Regulations 2007.

Court

Stoke Crown Court

Sentencing date

13 May 2022

Penalty

£550,000

(large company - sentenced in High culpability / Harm category 2)

Costs

£85,415.94

Location of offence 

Address: 
The Sidings at Brunswick Terrace, Stafford, ST16 1BB 

ORR details 

ORR Directorate: Railway Safety Directorate

Network Rail Infrastructure Limited, sentenced on 11 May 2022

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Company 

Network Rail Infrastructure Limited

Summary 

Network Rail were fined £1.4m on 11 May 2022 for breaching health and safety legislation. The fine was in relation to the Company’s failure to provide such information, instruction, training and supervision as was necessary to ensure so far as was reasonably practicable, the health and safety of its employees whilst undertaking track maintenance work.

It followed an incident which occurred on 19 September 2018 in which a worker was crushed between the conveyor of a 25 tonne ‘Superboss’ ballast distributor and Kubota people carrier whilst undertaking track maintenance on a 19 mile stretch of track between Crewe and Chester. The worker suffered life-changing injuries and a second worker suffered minor injuries. 

ORR’s investigation into the incident found failings in Network Rail’s management of the worksite, including poor planning, failure to provide adequate supervision of the works, poor communication at all levels and failure to provide adequate information, instructions and training to safety-critical staff.

Breaches involved

Section 2(1) of the Health & Safety at Work etc. Act 1974

Date of offence

19 September 2018

Plea

Guilty

Result

Network Rail were convicted of an offence under Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 for failing to discharge its duty under Section 2(1) of the Act.

Court

Chester Magistrates Court

Sentencing date

11 May 2022

Penalty

£1.4million 

(large company – sentenced in Medium Culpability / Harm category 1)

Costs

£63,118.71 

Location of offence 

Address: 
Location reference point CNH1 162 miles 1475 yards on the Down Line of Network Rail’s railway track between Chester North and Holyhead, the proximity of the Cholmondeston Access Point on Winsford Road, CW5 6AP

ORR details 

ORR Directorate: Railway Safety Directorate

Prosecutions before 2022

Links available from the 'Company prosecuted' column provide more details about the prosecution.

Prosecutions in 2021

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Company prosecuted Brief description Offence date Sentencing Result
WH Malcolm Limited WH Malcolm Limited were fined £6.5 million after being convicted of one offence under the Health and Safety at Work etc. Act 1974 and one offence under the Management of Health and Safety at Work Regulations 1999 following an incident in which a child teenager received a fatal 25,000 volt electric shock from the overhead line at Daventry International Rail Freight Terminal. 7 June 2008 – 30 June 2017  30 July 2021 £6.5 million
Amey Rail Limited Amey Rail Limited were fined £600k after pleading guilty to one offence under the Lifting Operations and Lifting Equipment Regulations 1998 for failing to ensure lifting operations involving lifting equipment were properly planned, appropriately supervised, and carried out in a safe manner. This follows an incident in which a road rail excavator vehicle overturned during an unsafe lift outside Market Harborough Station in October 2018. On and before 21 October 2018 12 November 2021 £600,000
Nexus Nexus were fined £1.5m after pleading guilty to one offence under the Health and Safety at Work etc. Act 1974 for failing to ensure the safety of staff. This follows the death of one of its employees at the South Gosforth depot in July 2014. Between 1 January 2013 and 16 January 2015 23 April 2021 £1.5 million
Network Rail Infrastructure Limited Network Rail Infrastructure Limited was fined £696,666 after pleading guilty to one offence under the Health and Safety at Work etc. Act 1974, following an electrical flashover at Godinton substation on 20th December 2018, in which one Network Rail employee was seriously injured whilst responding to a circuit breaker fault. On and before 20/12/18 14 April 2021 £696,666
QTS Group Limited A contract rope access technician broke his arm when it became entangled in a drilling rig, provided by QTS Group Ltd. He was assisting the drilling rig operator with the installation of soil nails to a railway cutting slope. 13 October 2017 10 May 2021 £12,000
DB Cargo (UK) Limited DB Cargo (UK) Ltd were fined £200,000 after pleading guilty to one offence under the Health and Safety at Work etc. Act 1974 following an incident in which an employee suffered life changing injuries when a freight train collided with his vehicle on a level crossing at Dollands Moor Freight Yard where he was employed as an Operations Supervisor. On and before 04/09/18 22 March 2021 £200,000

Prosecutions in 2020

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Company prosecuted Brief description Offence date Sentencing Result
Network Rail Infrastructure Limited A 13-year-old boy received serious electrical burns from 25kV ac railway overhead line equipment after trespassing onto railway infrastructure owned and operated by Network Rail and climbing onto a tank wagon within a freight train that had been stopped at a red signal. On and before 19 August 2016 15 December 2020 £135,000
Network Rail Infrastructure Limited On the morning of 31 December 2015, the driver of a passenger train, travelling at approximately 115mph to 121mph along the West Coast Main Line, experienced the feeling of an irregularity (“dip and lean”) in the motion of the train as it passed over Lamington Viaduct, South Lanarkshire. Noticing the higher than usual water level of the River Clyde, over which Lamington Viaduct carries the West Coast Main Line, the driver reported the occurrence to the signaller. The incident followed a long period of heavy rainfall. On and before 31 December 2015 18 November 2020 £10,000
Renown Consultants Limited Renown Consultants Ltd were fined £450k after being convicted of two offences under the Health and Safety at Work etc. Act 1974 and one offence under the Management of Health and Safety at Work Regulations 1992 after failing to ensure that two of its workers who died in road traffic accident were sufficiently rested to work and travel safely. On and before 19/06/2013 13 May 2020 £450,000
DB Cargo (UK) Limited DB Cargo (UK) Ltd were fined £1.2m after pleading guilty to one offence under the Health and Safety at Work etc. Act 1974 following an incident in which a teenager suffered life-changing injuries after receiving an electric shock from 25,000-volt overhead line equipment at Bescot Yard freight terminal. 01/06/2015
to
02/06/2017 
09 January 2020 £1.2 million

Prosecutions in 2019

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Company prosecuted Brief description Offence date Sentencing Result
Lanes Group PLC Lanes Group PLC was fined £400k after pleading guilty to one offence under the Work at Height Regulations 2005 after worker injured in fall. 02/11/2016 04/10/2019 £400,000
Govia Thameslink Railway Limited GTR were fined £1 million after pleading guilty to one offence under the Health and Safety at Work etc. Act 1974 following an incident where a passenger aboard the Gatwick Express train suffered a serious head injury which tragically led to his death. 07/08/2016 17/07/2019 £1 million
DB Cargo (UK) Limited DB Cargo (UK) were fined £33,500 after pleading guilty to one offence under the Health and Safety at Work etc. Act 1974 for contravening a requirement imposed by one of Her Majesty's Principal Inspectors of Railways by failing and refusing to produce information requested.   19/07/2018 - 25/07/2018 13/03/2019 £33,500
DB Cargo (UK) Limited DB Cargo (UK) were fined £2.7 million after being convicted of one offence under the Health and Safety at Work etc. Act 1974 following an incident in which a teenager suffered life-changing injuries after receiving an electric shock from 25,000-volt overhead line equipment at Tyne Yard Depot in Gateshead. 31/01/2013 - 15/06/2014 13/03/2019 £2.7 million

Prosecutions in 2018

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Company prosecuted Brief description Offence date Sentencing Result
Network Rail Infrastructure A signaller at a Manually Controlled Gated Crossing was struck by the gate when a car failed to stop as he was closing the gate to traffic. He suffered life-changing injuries. The investigation found that it was a common occurrence for cars to attempt to swerve around the gates but that it was seen as “part of the job.” The ALCRM risk assessment conducted did not assess the risk to signallers. In addition, the wrong traffic census figures were inputted leading to an inaccurate risk score. ALCRM alone did not constitute a suitable and sufficient risk assessment and no further risk assessment was carried out. The risks to the signallers operating the gates at crossings should have been included in the risk assessment undertaken by NR. It was foreseeable that deliberate misuse or human error by car drivers traversing the crossing could result in the signaller either being struck by a car or being struck by the gate which had itself been struck by a car. This risk was not assessed by Network Rail, nor was it included in the algorithms in ALCRM. Network Rail was convicted after a three-week trial of the first count on the indictment. A jury failed to reach a verdict on a second s.2 HSWA count and that was ordered to lie on the file. 23/02/2014
25/04/2015 
13/12/2018 £200,000
London Underground Limited
Balfour Beatty Rail Limited
BBRL and LUL were fined for a breach of health and safety law in relation to an incident in which a crane controller was crushed between a Road Rail Vehicle (RRV) and the platform edge at Whitechapel Station while walking from West Ham to a work site at Liverpool Street. He sustained life-changing injuries. The investigation found that despite BBRL and London Underground Limited being aware of the risks posed by allowing workers to guide RRVs by walking along the track in front of the machine, there was no safe system of work put in place that night to address the risk. In fact, a decision had been taken not to adopt a procedure called ‘send and receive’, which eliminated the need for people to walk between machines, as it was considered a slower method of working. In addition, the sign-in procedures on the night were bypassed, no briefing was given and BBRL failed to ensure that the Athena Communication system was in use by all workers. 04/06/2016 03/12/2018 £100,000
£333,000 
Kier Infrastructure and Overseas Limited A  Pre-Cast Concrete unit (PCC) weighing approximately 6.93 tonnes fell on an agency worker causing serious injury to his leg. The Defendant  failed to discharge their duty in ensuring that the lifting of the PCCs was conducted in such a way as to ensure that, so far as reasonably practicable, those not within their employment were not exposed to risks to their safety. The injury could have been prevented had the defendant provided adequate supervision to the task; No one employed by the Defendant company accepts responsibility for being the designated supervisor on site on the 15 August 2016. Kier pleaded guilty at the earliest opportunity. 12/08/2016 and 15/08/2016 17/08/2018 £600,000
South Devon Railway Trust On the 22 June 2017,a mother and her three-year-old son took a return trip from Buckfastleigh to Totnes on a heritage steam train operated by South Devon Railway Trust. During the return journey, the three year old was able to open the door of a toilet cubicle that was “out of use” in which the floor was completely missing, exposing the wheel and bogie assembly. The child fell through the hole to the point where his head was approximately 10” above the floor at the entrance to the toilet. Fortunately, his mother was immediately behind him and was able to pull him up by grabbing him under his arms and he escaped without serious injury. Despite being aware of the missing floor, there was a failure to adequately manage the risk. In particular, a stronger lock could have secured the door. In addition, a risk assessment could have been carried out and train staff briefed of the issue with the toilet. Moreover, it was not necessary to have the carriage in use, as it was not fit for service. 22/06/2017 14/05/2018 £40,000
BAM Nuttal Limited On 7 January 2015, A subcontractor was carrying out painting work in the canopy area above platforms 1 and 2 at East Croydon station. The subcontractor lost his footing and fell through a suspended ceiling into the platform waiting room below, to which members of the public had access. 7/01/2015 19/04/2018 £900,000
McNealy Brown Limited On 7 January 2015, A subcontractor was carrying out painting work in the canopy area above platforms 1 and 2 at East Croydon station. The subcontractor lost his footing and fell through a suspended ceiling into the platform waiting room below, to which members of the public had access. 7/01/2015 19/04/2018 £65,000
Network Rail Infrastructure Limited On 15th October 2013, a freight train carrying containers travelling 69mph (111  km/h), derailed about 4 miles (6.4km) south west of Gloucester station on the railway line from Newport via Lydney. The rear wheel set of the last wagon derailed which caused an empty container to fall down an embankment. However, the train continued on to Gloucester station causing damage to signalling systems and the track along the way. Network Rail failed to appreciate or properly address the track defect that caused the derailment, so incorrectly lifted speed restrictions. 15/10/2013 15/03/2018 £733,000

Prosecutions in 2017

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Company prosecuted Brief description Offence date Sentencing Result
London and Southeastern (LSER) On 24 May 2014, a cleaner working for Wettons Cleaning Services was electrocuted after falling on a 750-volt live rail during his shift at West Marina Depot, East Sussex. 24/05/2014 17/11/2017 £2.5m
Wetton Cleaning Services Limited On 24 May 2014, a cleaner working for Wettons Cleaning Services was electrocuted after falling on a 750-volt live rail during his shift at West Marina Depot, East Sussex. 24/05/2014 17/11/2017 £1.1m
Network Rail Infrastructure Limited On 24th June 2014, a track worker sustained multiple serious and life-changing injuries while performing rail maintenance work near Redhill in Surrey. The work on the main line between Brighton and London was inadequately planned and managed, placing track maintenance workers in unnecessary danger. The works were scheduled whilst fast, frequent trains continued to run, in an area with a narrow and steep embankment where the ability of track workers to retreat to a 'position of safety' when trains approached was materially compromised. The works could have been carried out at night, when other scheduled works would have ensured that no trains were running. 24/06/2014 09/01/2017 £800,000

Prosecutions in 2016

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Company prosecuted Brief description Offence date Sentencing Result
London Underground Limited On 22 September 2014, an employee of LUL fell 9.5m from a tower scaffold while cleaning a former lift shaft. The worker suffered a number of injuries, spending ten days in hospital. London Underground failed to properly plan, manage and supervise the work and while procedures were available which may have prevented this incident, they were not implemented and followed. The tower scaffold was also found to be incorrectly assembled and its stability had not been assessed. 22-09-2014 02-12-2016 £500,000
Network Rail Infrastructure Limited In August 2011, Brenda McFarland, known as Olive, was killed when she was hit by a train at the Gipsy Lane crossing in Needham Market, Suffolk. Warning sirens were recommended for the crossing in 2006 and 2008, but they were not implemented and the crossing had been deemed as high risk in the weeks before Olive’s death. Pedestrians only had a five second warning of oncoming trains and poor visibility of trains when approaching the Gipsy Lane foot crossing, exposing them to an increased risk of being struck by a train. 29-01-1999 & 24-08-2011 21-09-2016 £4,000,000
Network Rail Infrastructure Limited On November 16 2009, An employee sustained serious electric burns when he was part of a team carrying out alterations and repairs to the Overhead Line Equipment (OLE) the near Ardrossan South Beach station and came into contact with the live OLE. 16-11-2009 01-08-2016 £130,000
Network Rail Infrastructure Limited In November 2013, following an investigation into two incidents where rail workers suffered electric shocks while maintaining signalling equipment, ORR served two Improvement Notices on Network Rail. The first Notice required Network Rail to inspect thousands of 650V electrical cabinets. This identified that there were cabinets to which members of the public were exposed. The second Notice required that these were brought up to a safe standard. The company did not make sufficient progress with this work and failed to comply with the Notice by the due date, leading ORR to launch a prosecution. 22-02-2014 04-08-2016 £70,000
West Coast Railwaypdf icon PDF, 112 Kb On Saturday 7 March 2015, a steam locomotive operated by West Coast Railway Company (WCRC) between Bristol and Southall passed a signal at danger near Wootton Bassett junction in Wiltshire. The train stopped almost 700 metres after the signal, across a busy junction on the Great Western main line. ORR’s investigation found significant failings in WCRC’s managerial controls. The company had not implemented appropriate procedures, training or monitoring of staff to stop intentional misuse of the Train Protection and Warning System (TPWS) equipment and the train driver, Melvyn Cox, directed a colleague to turn off this essential safety system, designed to automatically apply an emergency brake. 07-03-2015 27-06-2016 £200,000
Babock Rail On 8 March 2013, a Babcock Rail employee was struck by a Road-Rail Vehicle (RRV), and trapped against the platform edge of Hope Railway Station, Flintshire, North East Wales. The incident left the rail worker with injuries to their legs, abdomen and back.
ORR’s investigation found Babcock Rail was aware that there was a risk of collision between maintenance vehicles and workers renewing the track at Hope Station. However, the company failed to take appropriate steps to prevent its employees coming to harm following inadequate planning, coordination and communication between managers. A 3mph speed limit for vehicles was not being monitored or enforced, and no attempts were made to set up exclusion zones or positions of safety for those working near moving vehicles.
08-03-2013 05-02-2016 £400,000
Carillion Construction Limited On 4 December 2012, Scott Dobson was working as Controller of Site Safety (COSS) for Carillion Construction Limited. He was looking after a small team of trackside operatives who were carrying out maintenance work on the track.  Whilst looking out for their safety, he neglected his own by standing in a position of danger and was struck by a passing train and killed. He had been involved in two other incidents with health and safety implications previously and should not have been in a safety role until the incidents had been fully investigated. Carillion pleaded guilty to a number of failings in the planning and management of the work. Only one of the two railway lines had been blocked while maintenance was being done, whereas both lines should have been closed, to minimise the possibility of workers being struck by passing trains. 04-12-2012 11-01-2016 £200,000

Prosecutions from 2006 to 2015

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Company prosecuted Brief description Offence date Sentencing Result
Xervon Palmers (formerly ThyrssenKrupp Palmers) On 28th January 2010, David Rodger died on the Tay Rail Bridge while he was working on the stripping and repainting of the bridge support piers. He was overcome with fumes after not being given the correct protective clothing or equipment. He was wearing a paper dust mask for protection, rather than full breathing apparatus. Proper ventilation or extraction equipment was also not in place and the company had decided he was not working in a "confined space". There was no monitoring of oxygen levels in the area, as well as inadequate supervision and a lack of rescue facilities in the event of an accident.
A post-mortem examination had determined Mr Rodger's cause of death as being toluene toxicity - meaning he had inhaled significant quantities of the chemical, which can cause severe neurological harm.
Mr Rodger had been working on pier 44 of the bridge in the early hours of the morning before he died. His colleagues became concerned when he did not return after his shift.
28-01-2010 21-12-2015 £200,000
Andrew McKenna On 26 April 2012, Andrew McKenna, a qualified train driver, was driving a Devon and Cornwall Railways locomotive from Birmingham to Crewe. Two crucial safety devices – the Driver Safety Device (DSD) and National Radio Network (NRN) radio – stopped working shortly after he set off. Going by his training and the Rail Safety and Standards Board (RSSB) Rule Book, he should have notified the signaller immediately so that he could get instructions that allow the train to safely continue the journey or to move to a safer place where the train could be assessed. He did not do that. Once on the West Coast Main Line, the train's speedometer also stopped working and he chose to ignore safety procedures for the second time by failing to stop the locomotive and notify the signaller. 26-04-2012 23-07-2015 £2,000
LBR (London Midland) and JSS Rail Limited (Sisk Rail) Train operator London & Birmingham Railway Limited (London Midland) and construction company JSS Rail Limited (Sisk Rail) were prosecuted for breaches of health and safety law after failing to ensure public safety during the refurbishment of Berkhamstead station, Hertfordshire, in 2012, which led to a passenger being seriously injured after falling down a stairway. 13-Jun-2012 24-Apr-2015 £25,000 (£12,500 each)
BAM Nuttall Ltd BAM Nuttall Ltd was the principal contractor employed by Network Rail to demolish and replace Pouparts Bridge, located between Clapham Junction and Battersea Park in South London. The company had sub-contracted the lifting elements of the work to Balfour Beatty Rail Ltd. On 27 December 2010, Balfour Beatty construction workers were preparing to lift a steel and concrete 'L' shaped beam, weighing approximately six tonnes, by crane from a railway wagon into its new position on the bridge. The beam toppled over as it was being unsecured from the wagon, crushing the legs of a worker just above the ankle on the floor of the rail wagon. He suffered severe injuries which led to one leg being amputated. 27-Dec-2010 30-Sep-2014 £140,000
SW Global Resourcing Limited Mr Leslie Watson, an employee of SW Global Resourcing, was working from the basket of a MEWP positioned at a height of approximately 13 metres (42 feet) at Annick Water Viaduct, Stewarton, Ayrshire. The plinth that the MEWP was positioned on had been built with no end stop or edge protection to remove the risk of the MEWP falling from it. The MEWP drove off the edge of the concrete plinth and overturned, throwing Mr Watson from its basket against a column of the viaduct and from there to the shallow river bed. He died at the scene as a result of his injuries. 13-Apr-2010 16-Sep-2014 £200,000
Balfour Beatty Rail Projects Ltd On 27 March 2011, rail workers subcontracted by Balfour Beatty as part of the Thameslink project, were installing high voltage cable next to overhead lines near Cricklewood in North West London. As a worker checked the distance between the newly installed cable and overhead wire, he made contact with the live wire and suffered 45% burns which required extensive skin graft surgery. 27-Mar-11 09-Sep-14 £350,000
Network Rail Infrastructure Ltd On 11th June 2008, three Network Rail employees were injured when a mobile elevated work platform on which they were working, during the repair of damaged overhead lines on an area of track near Margaretting in Essex, detached. They were thrown to the ground. One of the three, Malcolm Slater, later died from his injuries. 11-Jun-08 10-Sept-13 £125,000
Barhale Construction plc On the 2 July 2011, one of ORR's Inspectors of Railways attended the site of a Network Rail construction project at River Gowy, near Chester as part of a routine visit. 30-Sep-03 3-Jul-13 £13,000
First Capital Connect On the 26th May 2011, during the evening rush hour peak, approximately 800 passengers were trapped on a broken down train for approximately three hours at Dock Junction between St Pancras International and Kentish Town stations following a power failure. 26-May-11 16-Sep-13 £75,000
Network Rail Infrastructure Limited Network Rail were fined for breaches of health and safety law which led to a 10 year old boy sustaining serious head injuries when the vehicle he was a passenger in was hit by a train on an unmanned level crossing near Beccles, Suffolk in 2010. The court heard the crossing did not have a phone in place so that people could check if trains were due. The train was travelling at 55mph (90km/h) when the vehicle was struck, throwing the boy from the vehicle where he sustained head injuries after landing on the track. ORR established that the crash was caused by poor visibility when people were crossing from the south side. 03-Jul-10 27-Jun-13 £500,000
Geoffrey Osborne Ltd, and SSE Contracting Ltd Breaches of health and safety law which led to an electrician being injured after falling from height. 09-Dec-10 31-May-13 £48,000
Babcock Rail and Swietelsky Construction Breaches of health and safety law that led to two rail workers being seriously injured when carrying out repairs to a ballast regulator. 25-Mar-09 19-Apr-13 £60,000
Network Rail Infrastructure Ltd, and GT Railway Maintenance (trading as Carillion Rail) Breaches of health and safety law led to the death of Mr Liam Robinson, a GT Railway Maintenance employee who had been undertaking maintenance on a Network Rail owned machine, when an electrical fault caused the machine to move, trapping Mr Robinson inside. 30-Sep-03 22-Mar-13 £312,500
London Underground Limited, Tube Lines Limited and Schweerbau GMBH Breaches of health and safety law which led to an engineering train running out of control for over four miles on the London Underground Northern Line. 13-Aug-10 28-Feb-13 £300,000
Network Rail Infrastructure Limited Breaches of health and safety law which resulted in the serious injury of a Network Rail track maintenance worker. The court heard evidence that the work was inadequately planned by unqualified personnel and, despite safer methods being available, was scheduled to be carried out whilst trains continued to run, placing the track maintenance workers in unnecessary danger. 30-Mar-10 26-Feb-13 £100,000
English, Welsh and Scottish Railways International (EWSI) English, Welsh and Scottish Railways International (EWSI) were fined for breaches of health and safety law which led to the death of Liam Gill, aged 13, and the serious injury of two teenage boys, aged 14, at Allerton rail depot in Liverpool. 09-Aug-09 16-Nov-12 £180,000
Wensleydale Railway Wensleydale Railway were fined for breaches of health and safety law which led to a collision between a train and a car at a level crossing near Newton-le-Willows in North Yorkshire. 01-Aug-11 19-Nov-12 £4,000
Telford Steam Railway Telford Steam Railway were fined for criminal breaches of health and safety law, which left a member of its staff with extensive injuries. The incident occurred when a 450kg length of rail was moved from a wagon to the trackside by a crane, and struck a member of staff, who suffered extensive injuries to both legs. 02-Jul-11 10-Jul-12 £5,000
Southeastern Limited Southeastern were fined for two breaches of health and safety law which led to a train running out of control for over three miles in East Sussex. 08-Nov-10 06-Jul-12 £65,000
Network Rail Infrastructure Limited Network Rail's failure to act on substantial evidence that pedestrians using the crossing had insufficient sight of approaching trains. Pedestrians were therefore exposed to an increased safety risk when using the crossing. This resulted in the death at the footpath. 06-May-09 12-Jun-12 £356,250
Network Rail Infrastructure Limited Network Rail Infrastructure Limited were fined for breaches of health and safety law which led to the death of one Network Rail maintenance worker, and the serious injury of another, in two incidents that took place in the Thames Valley region. 29 Apr and 23 May 2007 25-May-12 £150,000
Network Rail Infrastructure Limited Network Rail's failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher-bar points led to a train derailing at Grayrigg, causing the death of one passenger and injuring 86 people. 27-Feb-07 04-Apr-12 £4,000,000
Network Rail Infrastructure Limited Network Rail were fined for two breaches of health and safety law which led to the deaths of two teenage girls at Elsenham station footpath crossing. 03-Dec-05 15-Mar-12 £1,000,000
Network Rail Infrastructure Limited A train struck two grinding trolleys placed on the line by track workers for maintenance purposes. This was as a result of Network Rail failing to provide a safe system of work through failing to plan and review risk prevention measures for the carrying out of maintenance work by their employees, placing them at risk of being struck by trains. 24-Jun-08 01-Dec-11 £20,000
Network Rail Infrastructure Limited Network Rail had failed to properly consider the impact of the position of a building it had installed alongside New Barn level crossing. The building severely restricted visibility at the crossing, especially for those driving farm vehicles over the private level crossing, resulting in an increased risk of a train colliding with vehicles using the crossing. 4 May 2009 to 24 Sep 2009 18-Oct-11 £20,000
Network Rail Infrastructure Limited The incident occurred when a lorry delivering to a Network Rail construction site in Barrow Upon Soar, Leicestershire, struck a footbridge over the railway. The footbridge subsequently collapsed, blocking the rail line, and shortly afterwards a Nottingham to Norwich train, travelling at 65 mph, crashed into the debris and derailed. 01-Feb-08 03-Oct-11 £80,000
Merseyrail Electrics 2002 Ltd Stationary train undergoing repairs at Kirkdale depot in Liverpool running onto the main line and crashing into a buffer and a wall. The runaway train narrowly avoided colliding with a passenger train. 30-Jun-09 23-May-11 £85,000
Network Rail Infrastructure Limited Network Rail failed, as infrastructure controller for the national rail network, to provide and implement suitable and sufficient standards, procedures and guidance for the installation, maintenance and inspection of adjustable stretcher bars, leading to a fatal derailment at Potters Bar. 10-May-02 13-May-11 £3,000,000
Network Rail Ltd Network Rail pleaded guilty to not preventing unauthorised access to the railway, by failing to adequately maintain trackside boundary fences at Whisby Nature Park. 18-Sep-09 08-Mar-11 £15,000
London Underground Limited During building work at Cannon Street station, the main entrance had a raised step across the threshold to the station, over which a number of people tripped and fell down the stairs inside the station, resulting in a number of serious injuries to 13 members of the public. The incidents occurred over a 6 month period. 21-Sep-09 17-Dec-10 £7,000
Network Rail A teenager was struck and killed by a freight train at West Lodge level crossing, Haltwhistle. Our investigation found that Network Rail should have taken steps to reduce the risks of using the crossing, including instructing pedestrians to telephone the signaller before attempting to cross. 22-Jan-08 26-Nov-10 £75,000
London Underground Limited Three women were struck by a protective barrier that had come loose from a Central Line train at Mile End station. Our investigation found that LUL did not follow its own procedures to prevent this type of accident and, through poor communication, failed to either secure or remove the barrier. 15-Nov-09 05-Nov-10 £5,000
South West Trains Ltd Failing to ensure the health and safety of people working in South West Trains Ltd's Wimbledon depot, where a worker suffered a broken after he was struck by a hook, which was being used to tow a train into a maintenance shed. 01-Jun-09 11-Jun-10 £15,000
Serco Limited Failing to ensure, so far as was reasonably practicable, that persons not in its employment were not exposed to risks to their health and safety, in that it failed to ensure that automatic trains operating on the Docklands Light Railway system did not hit persons who were on the tracks. 02-Apr-07 30-Apr-10 £450,000
Network Rail Infrastructure Ltd Failing to ensure the safety of train passengers, train crew and road users by inadequately maintaining the level crossing at Croxton, near Thetford, Norfolk, following an incident involving the derailment of a train. 12-Sep-06 16-Jul-09 £70,000
Cabin Club Limited Failing to ensure the health and safety of people working in Network Rail's Chadwell Heath depot, where a worker received extensive burns after he cut into a buried cable believing it to be a redundant oil pipe. 05-Feb-07 10-Feb-09 £20,000
Network Rail Infrastructure Ltd Failing to ensure the health and safety of people working in Network Rail's Chadwell Heath depot, where a worker received extensive burns after he cut into a buried cable believing it to be a redundant oil pipe. 05-Feb-07 10-Feb-09 £75,000
Maintrain Limited At Maintrain Limited's Soho light maintenance depot in Handsworth, Birmingham, a maintenance worker received an electric shock whilst removing a cover used to protect the train axles. The train, which should have been isolated, was electrified at the time. He suffered significant muscle damage to his chest, burns to his hands and required treatment to his legs which resulted in him being off work for two months. 16-Feb-07 12-Jan-09 £75,000
Jarvis Rail Limited The residual current device (RCD) was defective and had been out of action for at least 20 months, despite several maintenance visits identifying the fault and the need for action. This resulted in two Channel Tunnel Rail Link workers who were carrying out repairs receiving an electric shock when they touched the perimeter fence. There was also a danger to members of the public who walking next to the line could have also received an electric shock had they touched the fence. 23-Apr-05 19-Sep-08 £66,000
Network Rail Infrastructure Ltd The residual current device (RCD) was defective and had been out of action for at least 20 months, despite several maintenance visits identifying the fault and the need for action. This resulted in two Channel Tunnel Rail Link workers who were carrying out repairs receiving an electric shock when they touched the perimeter fence. There was also a danger to members of the public who walking next to the line could have also received an electric shock had they touched the fence. 23-Apr-05 19-Sep-08 £120,000
Amey Rail Limited Failure to ensure the safety of employees and others who might be affected by its work, which resulted in the death of a track worker who was struck by a passenger train when stepping down from the cab of an engineering train. 11-Jun-05 29-May-08 £20,000
LH Access Technology Ltd Death of a worker operating a defective mobile elevating work platform outside Edinburgh Waverley Station. 21-Mar-06 22-May-08 £240,000
Border Rail and Plant Ltd Death of a worker operating a defective mobile elevating work platform outside Edinburgh Waverley Station. 21-Mar-06 22-May-08 £240,000
Balfour Beatty Rail Projects Ltd During overnight work to upgrade WCML, overhead line remained live. Despite warnings about their isolation procedures from own safety staff, no improvements were made resulting in employee of Elec -Track Installations suffering burns after receiving electric shock from overhead line. 01-Jul-03 09-May-08 £200,000
GT Railway Maintenance Ltd During overnight work to upgrade WCML, overhead line remained live. Despite warnings about their isolation procedures from own safety staff, no improvements were made resulting in employee of Elec -Track Installations suffering burns after receiving electric shock from overhead line. 01-Jul-03 09-May-08 £200,000
Elec-Track Installations During overnight work to upgrade WCML, overhead line remained live. Despite warnings about their isolation procedures from own safety staff, no improvements were made resulting in employee of Elec -Track Installations suffering burns after receiving electric shock from overhead line. 01-Jul-03 09-May-08 £200,000
English, Welsh and Scottish Railways Ltd Failure to maintain the electrical control and indication apparatus, that resulted in a maintenance fitter coming into contact with a live 25k overhead line whilst working on top of a locomotive and sustaining 30% burns. 11-Jan-06 26-Jun-07 £30,000
Kier Rail Train struck two loaded wheelbarrows being used by contractors who were repointing brickwork at Manor Park Station. The train was not derailed and the contractors received only minor injuries. 19-Mar-06 18-Apr-07 £5,000
Balfour Beatty Rail Infrastructure Ltd Track worker was electrocuted and fatally injured through coming into contact with the live third rail. Aug-03 19-Feb-07 £180,000
Network Rail Infrastructure Ltd A track worker acting as a lookout, was hit a by a train and suffered fatal injuries. Inadequate precautions had been taken to plan a safe system of work. 05-Apr-05 13-Nov-06 £130,000
Scotweld Limited Track worker acting as a lookout, was hit a by a train and suffered fatal injuries. Inadequate precautions had been taken to plan a safe system of work. 05-Apr-05 13-Nov-06 £33,000
Amey Rail Limited Deficient track maintenance caused the train to derail while passing over a points crossover. Fortunately the train remained upright and there were no injuries amongst the passengers. 24-Nov-02 12-Sep-06 £300,000
Network Rail Infrastructure Ltd Deficient track maintenance caused the train to derail while passing over a points crossover. Fortunately the train remained upright and there were no injuries amongst the passengers. 24-Nov-02 12-Sep-06 £200,000
GrantRail Limited Platelayer received an electric shock from the 25,000 volt overhead line equipment at Harlow Mill Station. 05-May-02 11-May-06 £100,000