Network Rail has been fined £3.41m following the death of a track worker in Surbiton.
Tyler Byrne died after being struck by a passenger train on 9 February 2021. He had been working as part of a four-man team undertaking track inspections while trains were running in both directions.
The Office for Rail and Road (ORR) said there was “no protection and an inadequate warning system in place, which exposed all members of the working party to the risk of being struck by a train in the course of their work”.
An investigation by the rail regulator found failings with planning, monitoring and supervision – and that Network Rail “lacked urgency and pace” with safety improvements after being served two improvement notices by the ORR in July 2019.
The notices required Network Rail to implement preventive and protective measures to safeguard workers on or near a line, with one of them concerning planning, the ORR said.
The ORR led the prosecution against Network Rail, which on Thursday (27 February) was fined £3.41m and ordered to pay costs of £43,096.39 at Kingston Crown Court after pleading guilty to an offence under the Health and Safety at Work Act etc 1974.
In a statement, the ORR acknowledged there had been a “vast reduction” in red-zone working, where lines remain live during track work, in “recent years”. It added that new technology had also helped reduce risks.
Richard Hines, HM chief inspector of railways at ORR, said: “Our deepest sympathies are with the family, friends and colleagues of Tyler Byrne.
“At just 30 years old, Tyler had a bright future ahead of him – I am sure that he would have gone on to achieve all his hopes and dreams with those who he loved the most. He, however, was sadly denied that opportunity. I am so sorry for the loss of his life.
“Our industry’s track workers play a crucial role in delivering a safe railway for passengers and users of the system, often working in challenging and difficult conditions. It’s essential that they are also protected from harm.
“In a period when we also remembered those who lost their lives at Margam in 2019, let us keep our focus on reducing the risks faced by our people.”
Ellie Burrows, managing director for southern region for Network Rail, said: “The tragic death of our colleague, Tyler Byrne, should never have happened on our railway. Our thoughts continue to be with Tyler’s loved ones, family, friends and colleagues.
“We accept today’s judgement and are deeply sorry for what happened. Any life lost on the railway is one too many and since this tragic event we’ve continued to take significant steps to improve safety.
“Our track worker safety programme has almost entirely eliminated the need for colleagues working on the railway when trains are running. We have done this by carrying out maintenance work at different times, using alternative technology and we continue to examine our planned work to keep our colleagues safe.
“Today’s judgement is a sobering reminder of why safety must remain at the very forefront of our minds. Tyler’s death will never be forgotten, and we will continue to strive to ensure something like this never happens again.”
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Will Ing