Queensland Rail is facing criminal charges over a train crash which killed a man, and injured two others, in central Queensland almost two years ago.
In a statement, the Office of the National Rail Safety Regulator (ONRSR) confirmed it had filed three charges against Queensland Rail following its investigation.
The charges relate to an incident where a Queensland Rail train which was being used in a training exercise hit a parked coal train on the June 18, 2021 at Westwood, about 45km west of Rockhampton.
The ONRSR said Queensland Rail was charged with failing to comply with safety duties.
Specifically, The ONRSR statement said Queensland Rail failed to have a safe system for railway operation, failed to ensure workers were adequately trained and supervised and that they failed to ensure rolling stock was used safely.
The crash killed Queensland Rail driver, 49 year-old Chris O'Brien, and seriously injured a co-driver, while a tutor driver also sustained minor injuries.
It also damaged nine carriages of the Aurizon coal train.
ONRSR alleged Queensland Rail failed to comply with its safety duties as an accredited operator under Rail Safety National Law.
"The matter is being pursued in the interests of rail safety as part of our role to enforce compliance … and in the public interest to provide for the safe carrying out of railway operations and promoting public confidence in rail operations," ONRSR said.
The Australian Transport Safety Bureau (ATSB) released a preliminary report in September, 2021, which revealed the Queensland Rail train travelled through a stop signal and hit the parked coal train.
The ATSB found a section of the track was closed for maintenance at the time, forcing all traffic to use a single line.
Charges not to be contested
Queensland Rail said it would not contest the charges and would work "proactively" with the regulator to resolve the matter.
A spokesperson said the charges all related to Queensland Rail's management of safe systems of work.
"Since the incident, Queensland Rail has implemented a comprehensive program to improve safety on the network, including permanently codifying long-end leading restrictions… for all operators on the QR network and signals passed at danger prevention activities," the spokesperson said.
"We remain committed to operate a safe railway and to learn from this incident and do all we can to prevent it from happening again."
Queensland Rail said it remained deeply saddened by the loss of their colleague and is continuing to support Mr O'Brien's family, as well as the other two workers and their families.
Under national law, the maximum penalty to a rail transport operator for similar breaches is $1.5 million per offence.
The matter is due to be mentioned in the Brisbane Magistrates Court in June.
The ATSB investigation is expected to be complete this year.
