Network Rail fined £3,410,000 after track worker killed by train going 76mph
Network Rail has been fined £3,410,000 after a track worker was killed by a passenger train near a London station.
Tyler Byrne was inspecting the tracks with three other workers near Surbiton station, southwest London, when he was struck by a train travelling at 76mph.
The 30-year-old from Aldershot, Hampshire, had a ‘bright future ahead of him’ before the fatal incident on February 9, 2021, the UK’s top railways inspector said.
Network Rail, which owns the UK railways infrastructure and most stations, was handed the fine and ordered to pay costs of more than £43,000 after pleading guilty to an offence under health and safety at work law last week.
In a scathing conclusion, the Office for Rail and Road (ORR) regulator found that there was ‘no protection and inadequate warning system in place’ when Tyler was struck, which happened at about 11.39am.
This put ‘all members of the working party to the risk of being struck by a train in the course of their work,’ the ORR said.
How the Surbiton crash happened
Tyler was struck when he was walking in a crossover line between two through railway lines near Surbiton during an inspection.
Emergency services were alerted after the crash, but Tyler succumbed to his injuries at the scene, where he was pronounced dead.
An investigation found ‘failings with the planning, monitoring and supervision to ensure the workers were adequately protected while carrying out their maintenance activities on the track,’ the regulator said after handing out the multi-million pound fine.
Richard Hines, the ORR’s HM Chief Inspector of Railways, 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.’
Deaths of railway workers in Margam and Roade
To make matters worse, Network Rail was previously given two Improvement Notices in July 2019, requiring it to put preventive and protective measures in place to safeguard workers on or near tracks.
Death of two track workers in Margam, Wales
Michael Lewis and Gareth Delbridge died after they were struck by a passenger train at Margam, Wales, on July 3, 2019. The train narrowly missed a third man who was carrying out track maintenance work with them.
There was no protection to warn them of an approaching train or a line block, which would have stopped trains from entering the section of track they were on.
As a result of the Margam crash, Network Rail ended the practice of red-zone working almost entirely, meaning carrying out track work while lines remain live. It was fined £3,750,000 over the Margam incident.
However, another track worker was killed on the West Coast Main Line near Roade, Northamptonshire, on April 8, 2020, when they were struck by a passenger train travelling at 90mph.
‘While Network Rail had made some improvements to track worker safety arrangements at the time of Mr.Byrne’s accident, its implementation across the organisation lacked urgency and pace,’ the ORR said.
Network Rail’s managing director for southern region, Ellie Burrows, said in a statement: ‘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.’
She said Network Rail accepts the 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,’ she said, adding that Tyler’s death ‘will never be forgotten, and we will continue to strive to ensure something like this never happens again.’
Network Rail said it has ‘almost entirely eliminated’ the need for staff to work on the railways when trains are running by carrying out maintenance at different times and using different technology.
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