Major rail company fined £4 million after crossing fatality

A major rail company, ranked the safest in Europe, was fined yesterday following the death of a pedestrian at one of its crossings. An 82-year-old retired film and TV actress was struck and killed by a train at a foot crossing in Suffolk in 2011. The company knew the access to be dangerous and yet failed to take timeous and appropriate steps to address the risks identified. The firm admitted being in breach of their general duty to ensure, so far as reasonably practicable, that members of the public were not exposed to risks to their health or safety, and pleaded guilty under section 3 of the Health and Safety at Work etc. Act 1974. The company was fined £4 million; reduced from £6 million on account of its early plea.

The rail provider had failed to carry out safety improvements which had been recommended for the site. A risk assessment carried out earlier in 2011 had proposed a reduction in the speed limit at the crossing, from 100mph to 80mph. A further assessment, only three weeks before the incident, identified the crossing as ‘high-risk’ and a lower speed limit of 55mph was suggested. These recommendations were not implemented on account of a senior manager wishing to consider the findings after returning from leave. The court was of the view that speed restrictions should have been implemented immediately.

An investigation by the Office of Rail and Road found that the company had failed to act on evidence that demonstrated the dangers of the crossing. There was poor visibility, with vegetation obscuring users’ line of sight, and a whistle alarm was located too close to the crossing to allow for any effective evasive action. Pedestrians were found to have had a five second warning of a train approaching - yet it could take vulnerable users (such as the elderly lady in this instance) and children twice that time to cross the track.

Following the death, safety improvements were immediately implemented at the site. Speed restrictions were introduced and the layout was redesigned so as to reduce the crossing distance. However, the Route Managing Director of the company is pushing for removal of the level crossing altogether. The company is currently seeking local support to replace it with a footbridge.

Relatives of the deceased had previously unsuccessfully pressed for manslaughter by gross negligence charges to be brought against the individual Managers concerned, and for corporate manslaughter charges to be brought against the company.

This incident ought to remind companies of the importance of immediately addressing all safety risks identified by their risk assessment process. Risk assessments are only of value if their findings are heeded. Failure to take immediate action could, as in this case, have the most serious of consequences.

Prosecution and enforcement developments in this area of regulation will be discussed at CMS’ inaugural Health, Safety, Environment and Food Safety Conference. The event will take place on 16 November at CMS’ UK Headquarters in Cannon Place. Click here for more information.