Network Rail has been fined £3.75m for health and safety breaches that led to the death of two track workers in south Wales in 2019.
The workers were killed when struck by a train after starting an “unnecessary maintenance activity” on the south Wales mainline while it was still being used, with no lookouts posted to warn them.
Network Rail had pleaded guilty to breaching the Health and Safety Act 1974 after a prosecution brought by the rail regulator, the Office of Rail and Road (Orr), before the multimillion-pound fine was handed down on Friday at Swansea crown court. It was also ordered to pay costs of £175,000.
The deceased, Gareth Delbridge, 64, and Michael “Spike” Lewis, 58, died after being hit by the Swansea to London train near Margam, Port Talbot, on 3 July 2019. Another track worker with them narrowly avoided being struck.
The workers were wearing ear defenders and appeared to not hear the warning horn or emergency braking of the approaching train.
Accident investigators found that the plan set out by the controller of site safety was not followed, and the informal practices became “progressively less safe”.
The Orr said its investigation of the incident found systematic and wide-ranging safety failures by Network Rail to protect workers from trains, with echoes of findings from previous incidents. It took formal enforcement action to require Network Rail to improve worker safety, and said there had since been a “step change” in safety.
Richard Hines, the HM chief inspector of railways, said the £3.75m fine “reflects the nature and gravity of Network Rail’s failings”.
He said: “The rail industry needs to do all it practically can to help each worker get home safely every day … This will require a relentless, collective, industry focus to continue to drive down risk to ensure that tragic incidents such as this are never repeated.”
Nick Millington, the route director for Network Rail Wales and Borders, said: “We know that the tragic deaths of our colleagues, Gareth Delbridge and Michael ‘Spike’ Lewis, should never have happened on our railway and that has been reflected by today’s judgment.
“Over the last five years I have met regularly with Gareth and Spike’s families and our thoughts remain with them, and all those friends and colleagues who have been impacted by their deaths. Since this tragedy, we have continued to transform the safety of our workforce through the development of new technology and planning tools, which have almost entirely eliminated the need to work on the railway when trains are running.”
