Network Rail fined £20,000: statement from the Health and Safety Executive

HSE Press Release E024:04 - 13 February 2004

Network Rail Infrastructure Ltd was fined £20,000 on Wednesday, 11 February by Maidenhead Magistrates' Court. The prosecution was brought by the Health and Safety Executive's (HSE) HM Railway Inspectorate (HMRI) for Network Rail's failure to inspect lineside fencing at Black Potts Viaduct, near Windsor, Berkshire following a fatality. HMRI was investigating the death of an American Serviceman, Ronald Gregory Forest, who was struck and killed by a train on the Viaduct on 26 February 2002. During that investigation, on 4 April 2002, HMRI found that temporary lineside fencing was defective and had not been identified as such by Network Rail in the period following the fatality.

HSE's Andrew Stretton, who led the investigation said:

"People need to know that if they stray onto or even near railway lines then they are risking serious injury or even loss of life. Last year, over 100 people who walked on rail lines were killed by being hit by trains. It is equally important that the rail industry takes steps to stop people getting on to its property. For our part, HMRI will continue to work with the rail industry and its partners to prevent these incidents".

Network Rail pleaded guilty in Maidenhead Magistrates' Court to a single charge of breaching Section 3(1) of the Health and Safety at Work Act (the HSW Act) in that between 26 February 2002 and 4 April 2002 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. Network Rail was also ordered to pay HSE's costs of £1,533.

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. The maximum penalty in a Magistrates' Court for a single offence under Section 3 (1) is a fine up to £20,000.

3. HSE's Annual Report on the safety record of the railways in Great Britain during 2002/03 is on the HSE Rail Safety web pages at http://www.hse.gov.uk/railways/annualreport0203/index.htm. Fatality and casualty figures of those struck by trains while walking on rail lines can be found at http://www.hse.gov.uk/railways/annualreport0203/tables/trespass06.pdf.

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