HSE Press Release E202:02 - 18 October 2002
Railway maintenance company fined £17,500
GT Railway Maintenance Ltd (GTRM), was today (Friday) fined £17,500 after breaching health and safety legislation, following an investigation into electrical burns sustained by a track worker.
The Health and Safety Executive (HSE) prosecution followed an incident near Wembley on 21 May 2001, when track worker Mr Simon Rosier, of Hardingstone, Northampton, received electrical burns while loosening nuts on track adjacent to a live 650 volt conductor rail.
GTRM, of Melton House, Clarendon Road, Watford WD1, had failed to provide Mr Rosier, aged 24 at the time, with an insulated running spanner, or an insulating trough (used to cover an electrified section of track close to where someone is working). Mr Rosier, who was working for Lionverge Civils Ltd, of Ransome Court, Ransome Road, Northampton, which had been sub-contracted by GTRM, slipped and made a connection between his metal spanner and the electrified conductor rail. He was taken to hospital where he was treated for minor burns.
GTRM, which also have to pay costs of £7,577, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 (HSWA), at Harrow Crown Court, by failing to ensure, so far as was reasonably practicable, the health and safety of persons other than in their employment, including Mr Rosier, in that they failed to provide suitable information, supervision and equipment.
John Cullen, investigating inspector with HM Railway Inspectorate, said:
"This was a potentially fatal accident. Mr Rosier was very lucky to sustain minor electrical burns only. If he had been given the correct information and insulated equipment to work with, he would not have been hurt.
"This case highlights the need for urgent improvements in the management systems within the railway industry to protect workers from the dangers of electrified rails. It is essential that employers ensure the correct insulated equipment is provided to workers before they begin work. It is not the responsibility of the worker. HM Railway Inspectorate is deeply concerned at the low level of management control within parts of the railway industry."
NOTES TO EDITORS
1. Section 3(1) of HSWA states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby, are not thereby exposed to risks to their health or safety."
2. GTRM pleaded guilty to breaching Section 3(1) of HSWA, and were fined £17,500 with £7,577 costs.
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Published on the HSE web site on 22 October 2002