Jarvis fined £400,000 for derailment near Rotherham

HSE Press Release: E093-04 - 6 July 2004

At a hearing yesterday before Judge Moore in Sheffield Crown Court, Jarvis Facilities Ltd (Jarvis) was fined £400,000 for breaching health and safety law.

The prosecution follows an investigation by the Health and Safety Executive (HSE) into a train derailment at Aldwarke Junction, near Rotherham, on 10 November 2002.

Jarvis pleaded guilty to a charge under Section 3(1) of the Health and Safety at Work etc. Act 1974 in that on 10 November 2002 it did not conduct its undertaking in such a way as to ensure, so far as was reasonably practicable, that persons not in its employment were not exposed to risks to their health and safety. The locomotive and two leading wagons of a goods train derailed over a set of points at Aldwarke Junction; there were no injuries.

HSE inspector Stephen Bates, who investigated the derailment, said:

"This train derailed because after urgent repair work a section of track had been returned for the passage of trains in an unsafe condition. While we were pleased that no injuries resulted from this incident the circumstances were such that people - whether at work or travelling as passengers - could have been hurt as a result. Our investigation revealed deficiencies with the way work was planned and carried out, failure to select staff to carry out the work who had the necessary competencies, and deficiencies in the communication of vital information to all staff involved, including those in the signal box. It was an incident that could have been prevented by simply following the railway's own rules."

Jarvis Facilities Ltd, of Frogmore Park, Watton at Stone, Hertford was fined £400,000 and ordered to pay costs of £28,061 to HSE.

Notes to editors

1. Section 3 (1) of the Health and Safety at Work etc Act 1794 (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 Crown Court for a single offence under Section 3 (1) of the HSW Act is an unlimited fine.

3. Defects found during routine maintenance at points 4256A at Aldwarke Junction led to the decision to plain line the track followed by clipping and scotching the points. Plain line is track which does not have any junctions with any adjacent tracks, i.e. there are no points or crossovers, simply two parallel rails joined by sleepers at a set, constant distance (the track gauge) on which trains are run. 'Plain lining' track means removing the ability for a train to switch lines via points. However, the necessary work to clip and scotch the points was not done although the crossing nose was removed. The HSE investigation revealed that this vital information about the condition of the points was not communicated to relevant staff. The locomotive and leading two wagons were derailed all wheels over the missing piece of rail at points 4256A; it was the first train to run over that track following the maintenance work.

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the HSE by GNN Yorkshire and Humber.