Network Rail was today found guilty of one offence under the Health and Safety at Work Act.
Maidstone Crown Court heard that signaller Douglas Caddell, 65, suffered life-changing injuries after being struck by a car as he tried to close the level crossing gate at East Farleigh in Kent on 24 April 2015.
CCTV footage of the incident shows Mr Caddell pushing the level crossing gate when it is hit by a vehicle, causing it to bounce back and knock the signaller to the ground.
Mr Caddell’s colleagues told the court that there were frequent incidents of cars swerving across the rail tracks as signallers tried to close the gates and, on the day of the incident Mr Caddell, an experienced signaller, had reported a different near-miss with a different vehicle to the British Transport Police.
The Office of Rail and Road (ORR) investigation after the incident, revealed that Network Rail’s risk assessment on 24 February, which consisted of only a 30-minute census of traffic use and a conversation with a signaller, incorrectly assessed the risk of deliberate misuse of the crossing as being ‘significantly lower than average’ and did not constitute a suitable or sufficient risk assessment.
The ORR also determined that the risk of a driver failing to see that the gates were being closed was foreseeable and that, despite the clear risk, Network Rail had done little or nothing to protect its employees.
Ian Prosser, HM Chief Inspector of Railways, said:
“We are absolutely committed to protecting the health and safety of passengers and railway staff and will not hesitate to take enforcement action or press prosecutions when necessary.
“Mr Caddell suffered life-changing injuries in this incident and the court’s verdict indicates how seriously the offence is viewed.
“We are pleased that Network Rail has taken safety measures, including installing warning lights, at East Farleigh and we would expect to see proper risk assessments made at the many similar level crossings across the country and necessary safety measures taken.”
Notes to editors
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- Network Rail was found guilty of an offence under the Management of Health and Safety at Work Regulations 1999 and section 33 (1)(c) of the Health and Safety at Work etc Act. The jury failed to reach a verdict on a second count under the Health and Safety at work Act section 2(1)(a) and 33(1)(a) 1974.
- ORR's recent prosecutions:
- London and Southeastern and Wettons were fined a total of £3.6million in November 2017 after a previous prosecution under the Health and Safety at Work Act.
- Network Rail Infrastructure Limited was fined £733, 000 in March 2018 after being prosecuted for contravention of section 3(1) of the Health and Safety at Work etc. Act 1974 following the derailment of a freight train.
- BAM Nuttall and McNealy Brown were fined a total of £965,000 in April 2018 after being prosecuted under Section 3 (1) of the Health and Safety at Work Act 1974.
- The Office of Rail and Road is the UK’s rail regulator and strategic roads monitor for England. Follow us @railandroad.