Two rail companies fined following boy's death on railway: statement from the Health and Safety Executive

HSE Press Release E021:04 - 11 February 2004

Two rail companies, Network Rail Infrastructure Ltd (NRIL) and Balfour Beatty Rail Infrastructure Services Ltd (BBRIS), were today fined a total of £300,000 for breaches of health and safety law. The prosecutions followed an investigation by the Health and Safety Executive (HSE) into the death of four year-old Bobby Wood, who was electrocuted after gaining access to live rail in Strood, Kent on 15 June 1999. Both companies had pleaded guilty to the charges at an earlier hearing in June 2003.
Stuart Johnson, of HSE's HM Railway Inspectorate (HMRI), who investigated the circumstances of Bobby's death said:

"Our thoughts at this time are with the Wood family. It is over four years since Bobby's death, and at last this case has come to an end. It is a tragic reminder of how terribly things can go wrong when rail companies don't do enough to prevent access to the railway. I am pleased to say that the rail industry and its partners have done much work recently to address the problem of unauthorised access - such as improving fencing and security around sites. And campaigns such as 'Track Off' have helped to raise awareness of the dangers of going near railways. But Bobby's death was entirely preventable, and I appreciate that there will be little comfort today for his family."

NRIL was fined £75,000 for breaching Section 3 (1) of the Health and Safety at Work Act 1974 (the HSW Act) and £75,000 for breaching regulation 3 of the Railway Safety (Miscellaneous Provisions) Regulations 1997, and ordered to pay costs of £11,412.50. BBRIS was fined £150,000 for breaching Section 3 (1) of the HSW Act 1974, and ordered to pay costs of £21,735.90 at Maidstone Crown Court. HSE, prosecuting, had alleged that the companies had failed to prevent access to the rail infrastructure by ensuring that a gate giving access to it was secure.

Notes to editors

1. Section 3 (1) of the HSW Act 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. Regulation 3 of the Railway Safety (Miscellaneous Provisions) Regulations 1997 states
"(1) So far as is reasonably practicable, a person in control of any infrastructure of a transport system to which this regulation applies shall ensure, where and to the extent necessary for safety that unauthorised access to that infrastructure is prevented.

(2) In paragraph (1) "access" means access by any person not at work on the transport system or by any animal.

(3) This regulation applies to any transport system except that it does not apply to any part of such a system which -

(a) is within a harbour, harbour area, maintenance or goods depot; or
(b) is part of a factory, mine or quarry,

where access to the harbour area, maintenance or goods depot, factory, mine or quarry is adequately controlled."

3. NRIL, of Melton Street, London NW1 pleaded guilty on 12 June 2003 for breaching Section 3 (1) of the HSW Act. HSE had alleged that between 7 June 1999 and 16 June 1999, it failed to conduct its undertaking in such a way so as to ensure, so far as is reasonably practicable, that persons not in its employment were not exposed to risks to their health and safety. At the same time NRIL also pleaded guilty of breaching regulation 3 of the Railway Safety (Miscellaneous Provisions) Regulations 1997 in that between 1 February 1997 and 16 June 1999 it failed to ensure, so far as is reasonably practicable, the prevention of unauthorised access to the infrastructure.

4. BBRIS, of Mayday Road, Thornton Heath, Surrey pleaded guilty on 12 June 2003 to a single charge of breaching Section 3 (1) of the HSW Act 1974. HSE had alleged that between 1 February 1997 and 16 June 1999, it failed to conduct its undertaking in such a way so as to ensure, so far as is reasonably practicable, that persons not in its employment were not exposed to risks to their health and safety. It was alleged that the company failed to prevent access to the rail infrastructure by ensuring that a gate giving access to it was secure.

5. The maximum penalty for a single offence under Section 3 (1) or a failure to comply with a Regulation in a Crown Court is an unlimited fine.

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