Network Rail has today been fined £3.41m and ordered to pay costs of £43,096.39 after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974, which followed an investigation and prosecution by industry regulator the Office of Rail and Road (ORR).
The incident occurred on 9 February 2021 at Surbiton when Tyler Robert Byrne, a Network Rail track worker, was struck by a passenger train, and fatally injured. Mr. Byrne was a member of a four-person group of track workers, undertaking inspections at the location 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, 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 at the time of Mr.Byrne’s accident, its implementation across the organisation lacked urgency and pace. In recent years and subsequent to this incident, there has been a vast reduction in red-zone working, when lines remain live during track work, while new technologies have been introduced to reduce the risk of harm.
There is however a need for Network Rail and the rest of the rail industry to maintain its commitment to improve safety for track workers.
Richard Hines, 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.”
Ellie Burrows, Managing Director, 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 judgment 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 judgment 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.”
