Law and standards

Our overall approach to overcrowding is to ensure that those responsible manage risks to the health and safety of employees and non-employees (including passengers) ‘so far as is reasonably practicable’. This is a legal requirement of the the Health and Safety at Work Act 1974 etc.

This requires employers to make a judgement that balances the scale and the severity of a risk against the cost of control (in terms of time, effort and money). If the costs are grossly disproportionate to the risks posed then the control measures is considered not to be reasonably practicable.

The other key piece of legislation is:

• Railways and Other Guided Transport  Systems (Safety) Regulations 2006;

Health and safety risks of crowding?

We believe that current health and safety framework is proportionate to the risk posed by overcrowding. We do not believe that there is sufficient evidence or grounds for introducing new legislation to control overcrowding because of health and safety risks.

The DfT through its contractual arrangements with train operating companies (on trains and stations) and infrastructure controllers (at key stations) are better placed to take measures to tackle the causes and consequences of overcrowding as they relate to passenger comfort and well-being.

However, we will continue to review the available evidence on links between overcrowded trains and ill health effects on passengers.

Additionally train operating companies (TOCs) and Network Rail have plans to manage risks associated with emergency evacuations, overcrowding on station platforms, underground routes in hot weather, the design of rolling stock, and the management of train and infrastructure failures.

The Rail Safety and Standards Board (RSSB), the rail industry’s own safety body, recently published a report into the effects resulting from overcrowding on trains.

Last updated: 25 February 2008