Inadequate safe system of work leads to £13,000 fine for train maintenance company

E029:06 15 March 2006

West Coast Traincare was yesterday fined £13,000 following a prosecution brought by the Health and Safety Executive (HSE) after a train maintenance worker's hand was run over by a train. HSE's investigation found that there was an inadequate system in place for safely carrying out the work.

Following the conclusion of yesterday's hearing, Steve Turner, HSE's investigating inspector commented: "The sad fact is that there are very simple steps that, if employed, could have prevented this incident. The staff were not adequately protected and there was a lack of communication between the various work groups."

The incident occurred on 26 October 2004 when 43-year-old Brian Birch, employed on maintenance activities by West Coast Traincare, was replacing brake pads underneath a set of carriages at the depot in Oxley, Wolverhampton. Two colleagues were also working on the train conducting brake tests on the attached locomotive. During the course of the testing, one of them released the train's braking system causing it to move forward. One of the carriage wheels rolled over Mr Birch's right hand causing injuries resulting in the amputation of all his fingers and two knuckles.

Steve Turner continued: "The investigation found that the vehicle maintenance instruction for this type of work was inadequate leading to a local procedure being developed. 'Wheel scotches' - wooden blocks to prevent the train moving - should have been used, two in each direction of travel, at either end of the train. Notice boards warning that the train should not be moved, on alternate sides of each end of the train also need to be in place. Wheel scotches and notice boards were only partially used on the train involved in this incident.

"Formal instructions for the various working parties to communicate with each other, those under the train and those on the locomotive, would have also helped prevent the isolated working, evident in the run up to this incident."

Westcoast Traincare Ltd of Newbold Road, Rugby, Warwickshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 (HSWA) at Wolverhampton Magistrates' Court in that it did not ensure the safety of persons in its employment or operate under a safe system of work for staff undertaking maintenance activities on 26 October 2004. The company was fined £13,000 with costs of £3,500.

Notes to editors

1. Section 2(1) of the HSWA 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. HSE has published guidance on carrying out a risk assessment. 'Five steps to risk assessment' is available to download from HSE's website at www.hse.gov.uk/pubns/indg163.pdf.

3. Further rail safety information including rail safety statistics are available from the HSE website at www.hse.gov.uk/railways/

4. The Railways Act 2005 makes provision for a transfer of responsibility for regulation of rail health and safety from HSE to the Office of Rail Regulation (ORR). The transfer is expected to take place around the beginning of April 2006. Further information on ORR's activities can be found at www.rail-reg.gov.uk/

5. The maximum penalty in the Magistrates' Court for a single offence of breaching Section 2 of HSWA is a fine of up to £20,000. It is open to Magistrates to commit cases for trial or sentencing to the Crown Court.

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