HSE WARNS OF NEED FOR ROBUST PLANNING AFTER RAIL CONTRACTOR FINED

HSE press release E173:03 - 11 September 2003

The Health and Safety Executive (HSE) has issued a reminder to rail contractors of the need for proper planning and risk assessment, even for routine tasks. The reminder follows last week's conviction of a maintenance contractor for a breach of health and safety law.

On Friday 5 September 2003, Jarvis Facilities Ltd was fined £4,000 by Harrogate Magistrates Court after being found guilty of breaching the Health and Safety at Work etc. Act 1974 (the HSW Act) during rail repair work at Tollerton railway sidings, near York, in May 2001. Full prosecution costs of £32,500 were also awarded to HSE, who brought the prosecution.

The case followed an investigation by HSE's HM Railway Inspectorate of an incident on 2 May 2001 at Tollerton sidings when two employees of Jarvis Facilities Ltd received injuries while unloading materials. One man suffered electrical burns and a broken ankle while using a lorry-mounted HIAB crane when the jib came into contact with the railway overhead line equipment, which was live at 25,000 Volts. A second man who was in contact with the lorry also suffered an electric shock.

Jarvis Facilities Ltd, of Frogmore Park, Watton at Stone, Hertford, pleaded not guilty to breaching Section 2(1) of the HSW Act. HSE alleged that the company failed to conduct their undertaking so as to ensure, so far as was reasonably practicable, the health, safety and welfare at work of employees carrying out work at the sidings. In mitigation, the court was told that Jarvis had assumed responsibility for maintenance work in this area one month before the incident.

Speaking after the case, HM Inspector of Railways David Bestwick said: "Whilst carrying out routine work at a railway siding, two employees were injured when the arm of a crane they were using came into contact with the overhead line equipment (OLE), which was live.

"This incident occurred because insufficient attention had been given to the risk associated with a lifting operation near OLE. Fortunately in this case there was no loss of life but the circumstances demonstrate the need for robust planning and risk assessment, even for routine and familiar tasks. There is never room for a casual approach to safety on the railway, even more so when work is carried out close to the OLE.

Notes to editors

1. Section 2 (1) of the HSW Act states, "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

2. The maximum penalty for a single offence under Section 2 (1) is a fine up to £20,000. It is open to the Magistrates to commit cases for trial or sentencing to the Crown Court, where the maximum penalty for such an offence is an unlimited fine.

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