Network Rail has indicated it will admit a health and safety breach in relation to a train derailment in Cumbria five years ago.
The train came off the tracks near the village of Grayrigg, while travelling between Glasgow and London, on 23 February 2007. Margaret Masson, 84, was killed in the crash, which also resulted in injuries to more than 80 people.
In January – following the conclusion of its investigation into the incident and the culmination late last year of the inquest into Mrs Masson’s death – the Office of Rail Regulation (ORR) confirmed that Network Rail would face a charge under section 3(1) of the HSWA 1974. The alleged breach results from the company’s failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher-bar points.
Lawyers for the company appearing at Lancaster Magistrates’ Court today (29 February) indicated the company would admit to the breach. The case has been adjourned for sentencing at Preston Crown Court on 2 April – a little over two weeks after it is due to be sentenced for separate safety breaches in relation to the deaths of two teenagers at a level crossing in Essex in December 2005.
In a statement in which Network Rail repeated its apology to the family of Mrs Masson, the company’s chief executive, David Higgins, said it was clear within hours of the incident that the infrastructure was at fault, for which the rail operator had responsibility.
“While there were faults at hand in 2007, we have been determined to recognise what we got wrong and put it right,” added Higgins.
“An event like this affects everyone in the company, and especially those with responsibility for the track. Since the accident, much has changed in the way we plan and carry out maintenance work, with new systems put in place to improve the quality and safety of our railway. We have one of the safest passenger railways in Europe, and safety will always be our number-one priority.”
A spokesperson for the ORR said: “Our thoughts are with the family of Mrs Margaret Masson and all those involved in this incident. ORR will do everything it can to ensure that the prosecution proceeds as quickly as possible.”
Mick Whelan, general secretary of train drivers’ union ASLEF, said the length of time between the Grayrigg derailment and the first court hearing “smacks more of a leisurely history lesson than a genuine striving for justice,” adding: “I can safely predict that the outcome will be what it always is – a meaningless fine and a gently slapped wrist.”
The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.
Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!
