Network Rail fined £75,000 after worker receives electric shock

10 February 2009
ORR/05/09

Network Rail was today fined £75,000 and ordered to pay £26,930 in costs for failing to ensure the health and safety of people working in one of its depots. Network Rail had denied the offence but were found guilty by a jury at Snaresbrook Crown Court.

Cabin Club Limited  (CCL) were also fined £20,000 and ordered to pay £3559 costs after pleading guilty to four health and safety offences.

The prosecution brought by the Office of Rail Regulation (ORR) followed an incident on 5 February 2007 at a depot in Chadwell Heath in Essex where a worker received an electric shock. Network Rail owned the depot and had contracted CCL to undertake work to install new accommodation units.

The worker, an employee of Cabin Club Limited, received an electric shock after he cut into a buried cable with a hacksaw believing it to be a redundant oil pipe. He suffered extensive burns to his hands, forearms, face, neck, groin and chest, and has been unable to work since the incident.

An investigation by ORR’s railway inspectorate found Network Rail should have taken measures ensuring that CCL had devised a safe system of work, to consider the risks which might be encountered; and then taken steps through supervision, monitoring or otherwise to ensure that they carried out the work safely.

Commenting on the case ORR Kent and Anglia Team Manager Don Wilson said: “This was a serious incident, and highlights the importance of Network Rail fulfilling its safety obligations by exerting control over its contractors.

“ORR’s investigation highlighted several failings in procedures from both parties and we will continue to press companies working in the railway industry to properly manage risks.”

Notes to Editors

1. Network Rail were found guilty of one offence contrary to s.3(1) of the Health and Safety at Work etc. Act 1974. Section 3(1) requires an employer to ensure, so far as reasonably practicable, that the way in which they conduct their undertaking does not affect the health and safety of other people.
2. Cabin Club pleaded guilty to four offences; two under the Electricity at Work Regulations 1989 and two under the Construction (Health, Safety & Welfare) Regulations 1996.
   

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