Health and safety prosecutions

Details of ORR health and safety prosecutions resulting in convinction 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.

Company prosecuted	Brief description	Offence date	Court hearing	Result
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.	9 Aug 2009	16 Nov 2012	£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.	1 Aug 2011	19 Nov 2012	£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.	2 Jul 2011	10 Jul 2012	£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.	8 Nov 2010	6 Jul 2012	£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.	6 May 2009	12 Jun 2012	£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 2012	£150,000
Frank Smith	Frank Smith was driving a South West Trains service from Twickenham to London Waterloo when he overran the platform at St Margaret’s station, where it was due to stop. After using the emergency brake, the train came to rest past a signal at the end of the platform.	13 Feb 2011	1 May 2012	£400
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 2007	4 Apr 2012	£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.	3 Dec 2005	15 Mar 2012	£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 2008	1 Dec 2011	£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 2011	£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.	1 Feb 2008	3 Oct 2011	£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 2009	23 May 2011	£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 2002	13 May 2011	£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 2009	8 Mar 2011	£15,000
Patrick Finn	Mr Patrick Finn, who worked for P Flannery Plant Hire as a JCB excavator driver was using his vehicle to carry tools in the vehicle’s excavator bucket to give to carpenter Mr Henry Sheridan. As he extended the JCB’s arm in the air, the excavator bucket fell onto the head of Mr Sheridan, who died from his injuries. Mr Finn, was sentenced for failing to take reasonable care of other persons at work who may have been affected by his acts or omissions.	3 Dec 2008	4 Feb 2011	£13,000
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 2009	17 Dec 2010	£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 2008	26 Nov 2010	£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 2009	5 Nov 2010	£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.	1 Jun 2009	11 Jun 2010	£15,000
Mr Anthony Reen	Failing to ensure a high level of inspection when employed as an expert to verify the condition of a boiler on a private steam locomotive.	Nov 2006 -  Apr 2007	24 May 2010	£750
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.	2 Apr 2007	30 Apr 2010	£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 2006	16 July 2009	£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.	5 Feb 2007	10 Feb 2009	£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.	5 Feb 2007	10 Feb 2009	£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 2007	12 Jan 2009	£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 2005	19 Sep 2008	£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 2005	19 Sep 2008	£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 2005	29 May 2008	£20,000
LH Access Technology Ltd	Death of a worker operating a defective mobile elevating work platform outside Edinburgh Waverley Station.	21 Mar 2006	22 May 2008	£240,000
Border Rail and Plant Ltd	Death of a worker operating a defective mobile elevating work platform outside Edinburgh Waverley Station.	21 Mar 2006	22 May 2008	£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.	1 Jul 2003	9 May 2008	£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.	1 Jul 2003	9 May 2008	£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.	1 Jul 2003	9 May 2008	£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 2006	26 Jun 2007	£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 2006	18 Apr 2007	£5,000
Balfour Beatty Rail Infrastructure Ltd	Track worker was electrocuted and fatally injured through coming into contact with the live third rail.	Aug 2003	19 Feb 2007	£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.	5 Apr 2005	13 Nov 2006	£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.	5 Apr 2005	13 Nov 2006	£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 2002	12 Sep 2006	£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 2002	12 Sep 2006	£200,000
GrantRail Limited	Platelayer received an electric shock from the 25,000 volt overhead line equipment at Harlow Mill Station.	5 May 2002	11 May 2006	£100,000

Last updated: February 2013