Fine following serious injury at Oxford Circus tube station

HSE Press Release: E008:05 - 20 January 2005

Metronet Rail BCV Limited has been fined £5,000 at the City of London Magistrates’ Court yesterday following a prosecution brought by the Health and Safety Executive (HSE) after a contract cleaner sustained a serious leg injury on 11 February 2003.

Mr Dennis Louisy was working with colleagues at Oxford Circus tube station on escalator No. 3, cleaning the supports and trustwork under its steps. A number of step frames had been removed to enable access for this work. At the time of the incident the cleaning operation had been completed and Mr Louisy was travelling on the escalator to the top landing so the step frames could be replaced. It was when Mr Louisy, who was standing a few steps below the gap, moved forward to alight that his right leg went into the gap and got caught between a step frame and the top comb. Mr Louisy was trapped for about 45 minutes before the emergency services managed to lever the step frames from his leg.

HSE’s HM Railway Inspectorate (HMRI) investigated the incident. John Gardner, from HMRI, said:

“Establishing a safe system of work based on a suitable and sufficient risk assessment is key to managing the dangers associated with hazardous work activities. In this instance - a full clean of an underground station escalator - access to the support structure is necessary and can only practicably be achieved by removing a section of the steps. This procedure is known as ‘in & out’ cleaning. There are very clear dangers - such as entrapment by those working near the open section - should the escalator move. It is vital that such work is properly managed and I am pleased to say that following this incident instructions, procedures and risk assessments have been revised to reduce the risk of entrapment during this cleaning process.”

Metronet Rail BCV Limited, of Templar House, High Holborn, London pleaded guilty to a single charge of breaching section 3(1) of the Health and Safety at Work etc. Act 1974 and was yesterday fined £5,000 and ordered to pay costs of £9,842.

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. On the day of the incident Infraco BCV Limited were responsible for the maintenance of London Underground's Oxford Circus tube station including the cleaning of the escalators. On 4th April 2003 Infraco BCV Limited was renamed Metronet Rail BCV Limited.

3. The maximum penalty in the Magistrates’ Court for a single offence of breaching section 3 of HSWA is a fine of up to £20,000.

4. Information about HSE’s HMRI can be found on the HSE website at www.hse.gov.uk/railways. HSE’s Annual Report on the safety of the railways in Great Britain during 2003/04 can be found at http://www.hse.gov.uk/railways/annualreport0304/index.htm

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