Network Rail fined £3.41m over Surbiton fatality

Tyler Robert Byrne, a Network Rail track worker, was struck by a passenger train on 9^th  February 2021 at Surbiton and fatally injured.

The Office of Rail & Road (ORR) investigated and subsequently prosecuted. Network Rail pleaded guilty to an offence under the Health and Safety at Work etc. Act 1974. It was today fined £3.41m and ordered to pay costs of £43,096.39.?

This prosecution comes just two weeks after Network Rail was fined £3.75m for safety failings that led to the deaths of two workers on the track at Margam in Wales in July 2019. [See previous report here.]

The Surbiton incident occurred when Tyler Byrne was a member of a four-man crew of track workers undertaking inspections while trains were running in both directions. 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.

ORR’s investigation identified failings with the planning, monitoring and supervision to ensure the workers were adequately protected while carrying out their maintenance activities on the track.

ORR had previously served Network Rail two improvement notices in July 2019 after the Margam incident, requiring it to implement, preventive and protective measures necessary to safeguard workers on or near the line. One of the notices concerned planning, and the other concerned the use of technology. While Network Rail had made some improvements to track worker safety arrangements by the time of the Surbiton fatality, its implementation across the organisation lacked urgency and pace, the ORR said.  In recent years and subsequent to this incident, there has been a reduction in red-zone working, when lines remain live during track work, while new technologies have been introduced to reduce the risk of harm. However, there is still a need for Network Rail and the rest of the rail industry to improve safety for track workers, ORR said.

The official ORR report into the Surbiton incident, published in May 2022, said: “At Surbiton, the accident happened probably because a patroller, who was carrying out inspections and was also responsible for the group’s safe system of work, had become distracted and lost awareness of his position relative to the line the train approached on. The patrol was being undertaken with protection provided by unassisted lookouts. Although this was the usual practice for these inspections working with unassisted lookouts is the least safe type of system allowed for when working on track and this had not been challenged in the years leading up to the accident.

“We found evidence that people at the depot involved were aware of the Margam accident, but they were convinced that their circumstances were different and that the earlier lessons did not apply to them. Consequently, managers at the depot did not learn from the experience of Margam and continued to allow much work to be carried out under unassisted lookout protection.”

Following today’s sentencing, HM chief inspector of railways Richard Hines 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.”

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