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UK: Network Rail faces prosecution over Grayrigg crash

Posted: 13 Jan 2012, 17:28
by John Ashworth
Grayrigg health and safety prosecution to go ahead

Posted: 13th January 2012 |
Railnews

THE OFFICE OF RAIL REGULATION has decided to prosecute Network Rail under health and safety law followng the Grayrigg derailment in early 2007. However, a rail union leader has warned that 'systemic problems' remain with the way maintenance is managed, five years later.

A Virgin service heading north to Glasgow was derailed after passing at high speed over facing points which formed part of a rarely-used crossover. Most of the train plunged down an embankment. One passenger was killed and another 86 were injured, 28 seriously.

Network Rail is facing a charge under section 3(1) of the Health and Safety at Work, etc., Act 1974. This results from the company’s alleged 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.

The prosecution follows the conclusion of the ORR's investigation into the derailment, and the completion late last year of the coroner’s inquest into the death of the passenger, Mrs Margaret Masson.

Ian Prosser, who is director of railway safety at the ORR, explained: “ORR has conducted a thorough investigation into whether criminal proceedings should be brought in relation to the train derailment near Grayrigg on 23 February 2007, which caused the death of Mrs Masson and injured 86 people.

"Following the coroner’s inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment.

"My thoughts are with the family of Mrs Masson and those injured in this incident. ORR will do everything it can to ensure that the prosecution proceeds as quickly as possible

.“The railway today is as safe as it has ever been but there can be no room for complacency. The entire rail industry must continue to strive for improvements to ensure that public safety is never put at risk.”

Network Rail's director of operations and customer services Robin Gisby said: "Network Rail has not hidden from its responsibilities - the company accepted quickly that it was a fault with the infrastructure that caused the accident. We again apologise to Mrs Masson's family.

"Since the derailment Network Rail has worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to its maintenance regime."

The general secretary of the RMT union, Bob Crow, responded to the announcement by saying: "No organisation has fought harder than RMT for the lessons of the Grayrigg disaster to be learnt and for the core issues that led to this preventable tragedy from happening to be tackled so that we don’t get a repeat in the future.

"This prosecution leaves the ORR facing both ways, on the one hand as the regulator taking this action and on the other as the budget holder demanding yet more cuts from Network Rail that add to the risk of having inadequate time and staff to complete proper patrols and maintenance.

"There remain systemic problems which have failed to be addressed since this derailment and they have been compounded by the ORR-driven cuts regime and the looming threat to jobs of the McNulty Rail Review.

"This prosecution does not let the ORR off the hook for their role as the driver of the cuts."

The first hearing is due to take place at Lancaster Magistrates’ Court on 24 February.


Network Rail to be prosecuted over Grayrigg crash

PETER WOODMAN FRIDAY 13 JANUARY 2012
Independent

Network Rail (NR) is to be prosecuted over the 2007 Grayrigg train crash in Cumbria in which one passenger died, it was announced today.

The Office of Rail Regulation (ORR) said it had started criminal proceedings against NR for a breach of health and safety law which caused a Virgin Trains Pendolino train to derail near Grayrigg on February 23 2007.

Passenger Margaret Masson was killed and 86 people were injured, 28 seriously.

Earlier investigations as well as last year's inquest into the death of Mrs Masson concluded that the derailment was caused by a poorly maintained set of points.

NR is facing a charge under section 3(1) of the 1974 Health and Safety at Work Act.

The ORR said: "This 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."

The stretcher bars hold the moveable rails a set distance apart when the points are operated.

The train that derailed was the 5.15pm London to Glasgow Central service.

The ORR railway safety director Ian Prosser said: "We have conducted a thorough investigation into whether criminal proceedings should be brought in relation to this derailment which caused the death of Mrs Masson and injured 86 people.

"Following the coroner's inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against NR for a serious breach of health and safety law which led to the train derailment."

Mr Prosser went on: "My thoughts are with the family of Mrs Masson and those injured in this incident. The ORR will do everything it can to ensure that the prosecution proceeds as quickly as possible.

"The railway today is as safe as it has ever been but there can be no room for complacency. The entire rail industry must continue to strive for improvements to ensure that public safety is never put at risk."

The first hearing is due to take place at Lancaster Magistrates' Court on February 24.

NR network operations managing director Robin Gisby said: "The Grayrigg derailment in 2007, resulting in the tragic death of Mrs Margaret Masson, was a terrible event.

"Network Rail has not hidden from its responsibilities. The company accepted quickly that it was a fault with the infrastructure that caused the accident. We again apologise to Mrs Masson's family.

"Since the derailment, we have worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to our maintenance regime.

"Today there is no safer form of travel than rail and it is important that the rail industry seeks ways to make it safer still."

The case is almost certain to be committed to a Crown Court.

The maximum penalty a magistrates' court can impose for the offence is a fine of £20,000.

Last year, NR was fined £3 million at St Albans Crown Court after admitting safety breaches involving a set of points which led to a derailment at Potters Bar in Hertfordshire in May 2002. Seven people were killed.

NR had assumed responsibility for the crash from its predecessor rail infrastructure company, Railtrack.

The ORR delayed any decision on bringing its own prosecution over Grayrigg until the inquest into Mrs Masson's death concluded in November 2011 and after the Crown Prosecution Service (CPS) had said it would not bringing a prosecution.


Network Rail faces prosecution over Grayrigg disaster

Network Rail is to be prosecuted over the 2007 Grayrigg derailment in which a woman was killed and 86 people injured.

By David Millward, Transport Editor11:22AM GMT 13 Jan 2012
Telegraph

The decision was announced by the Office of Rail Regulation after a lengthy investigation into the disaster in which a Virgin Trains Euston to Glasgow Central service came off the track on Feb 23 2007.

Margaret Masson, 84, was one of 109 people on board the train which careered off the rails at 95mph and plunged down an embankment near Grayrigg, Cumbria on Feb 23 2007.

An initial hearing, in which Network Rail will face prosecution for health and safety offences, will take place at Lancaster Magistrates Court on Feb 24 2012.

“Following the coroner’s inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment,” said Ian Prosser, the ORR’S director of railway safety.

“The railway today is as safe as it has ever been but there can be no room for complacency. The entire rail industry must continue to strive for improvements to ensure that public safety is never put at risk.”

Robin Gisby, Network Rail’s director of network operations, said the company had accepted that an infrastructure fault had caused the accident.

“Since the derailment Network Rail has worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to its maintenance regime.

“Today there is no safer form of travel than rail and it is important that the rail industry seeks ways to make it safer still."

Re: UK: Network Rail faces prosecution over Grayrigg crash

Posted: 14 Jan 2012, 07:02
by John Ashworth
Network Rail faces prosecution over Grayrigg train crash

Rail regulator announces criminal proceedings over derailment in Cumbria, which left one person dead and 86 injured in 2007

Gwyn Topham
guardian.co.uk, Friday 13 January 2012 13.20 GMT

Network Rail is to be prosecuted for the Grayrigg train crash that killed one passenger and injured 86.

The rail regulator has announced it has started criminal proceedings over the 2007 derailment of a Virgin train in Cumbria, in which an 84-year-old woman died and 28 people were seriously injured.

The decision by the Office of Rail Regulation (ORR) comes at the conclusion of its own investigation of the incident, and two months after the jury at a coroner's inquest found that badly maintained points caused the death of Margaret Masson after the Pendolino train derailed.

The ORR is bringing charges under health and safety law, accusing Network Rail of "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".

The Virgin train service from London Euston to Glasgow Central derailed on the west coast mainline near Grayrigg on 23 February 2007, with 109 people on board. All eight carriages were thrown down an embankment as the train came off the rails at 95mph.

Ian Prosser, director of railway safety at ORR, said it had conducted a thorough investigation into whether criminal proceedings should be brought in relation to the train derailment.

"Following the coroner's inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment," he said.

"My thoughts are with the family of Mrs Masson and those injured in this incident. ORR will do everything it can to ensure that the prosecution proceeds as quickly as possible."

Last year Network Rail was fined £3m for its failings in the Potters Bar crash which killed seven people in 2002 because of faulty points. It also faces prosecution over the deaths of two girls at the Elsenham level crossing in 2005.

Robin Gisby, managing director of network operations at Network Rail, said: "The Grayrigg derailment in 2007 resulting in the tragic death of Mrs Margaret Masson was a terrible event. Network Rail has not hidden from its responsibilities – the company accepted quickly that it was a fault with the infrastructure that caused the accident. We again apologise to Mrs Masson's family.

"Since the derailment Network Rail has worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to its maintenance regime. Today there is no safer form of travel than rail and it is important that the rail industry seeks ways to make it safer still."

At the coroner's inquest in November 2011, David Lewis, the track supervisor responsible for checking the points, said his team was understaffed and men were not given the right tools or sufficient time. Lewis had warned his bosses about the "shambles".

Today the RMT union said that a full public inquiry, rather than just a prosecution, was needed. It criticised the role of the ORR as "looking both ways", demanding cuts that meant short staffing. The union leader, Bob Crow, said the ORR was not "off the hook" as it was the "budget holder demanding yet more cuts from Network Rail that add to the risk of having inadequate time and staff to complete proper patrols and maintenance".

"There remain systemic problems which have failed to be addressed since this derailment and they have been compounded by the ORR-driven cuts regime and the looming threat to jobs of the McNulty Rail Review.

Manuel Cortes, leader of the TSSA rail union, said: "We welcome the fact that the ORR are taking criminal proceedings against Network Rail although we are disappointed that it has taken five years for this to happen."

The first hearing is due to take place at Lancaster magistrates court on 24 February. If the case is committed to the crown court, an unlimited fine could be imposed on Network Rail.