Lawford Kidd's Blog

The Office of Rail Regulation (ORR) has announced that it has begun criminal proceedings against Network Rail for a breach of health and safety law which caused a train to derail near Grayrigg in 2007.

On 23rd February 2007, the 17.15 Virgin Trains service from London Euston to Glasgow Central derailed on the West Coast Mainline near Grayrigg in Cumbria. There were 109 people on board. One passenger, Mrs Margaret Masson, was killed and a further 86 people were injured, 28 seriously.

Ian Prosser, Director of Railway Safety at ORR, said:

“ORR has conducted a thorough investigation into whether criminal proceedings should be brought in relation to the train derailment near Grayrigg on 23rd 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.

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

An experienced technician at a plastic products factory in Cornwall was killed after he was crushed between the plates on a machine used to make plastic lids.

The Health and Safety Executive prosecuted Curver UK Ltd (formerly Contico Europe Ltd) for failing to provide adequate safety measures.

Truro Crown Court heard that in preparing the machinery Mr O'Dwyer needed to access the plastic mouldings machine's plates. This was normally done via a guard which, when opened, prevented the machine from operating. However in this case one of the conveyors on the machine had been removed and Mr O'Dwyer was able to access the machine through an unguarded gap. Whilst he was inside the press started to operate and the plates closed crushing him at a pressure of over 1,000 tonnes.

Curver UK Ltd pleaded guilty to committing a breach of Regulation 11 (1) of the Provision and Use of Work Equipment Regulations under Section 33(1) (c) of the Health and Safety at Work Act 1974 and was fined £160,000 and ordered to pay £32,000 costs.

Fifteen people lost their lives while at work in Scotland last year and 2,645 suffered a major injury, according to the latest statistics.

The Health and Safety Executive (HSE) has issued a fresh warning about workplace safety after the number of deaths rose across Great Britain in 2010/11. It is urging employers to make the safety of workers their top priority for 2012, and is reminding them of their legal responsibility to ensure lives are not put at risk.

A total of 171 people were killed at work in Great Britain last year, compared to 147 deaths during 2009/10. More than 24,700 workers also suffered a major injury in 2010/11.

The 15 deaths and 2,645 major injuries across Scotland compare to 22 deaths and 2,655 major injuries in 2009/10. Another 7,598 workers suffered an injury or ill health which required them to take at least three days off work in 2010/11, compared to 8,137 in 2009/10.

The latest provisional figures show that, on average, six in every million workers were killed while at work between April 2010 and March 2011.

High-risk industries include construction which had 50 deaths last year, agriculture with 34 deaths, and waste and recycling with nine deaths, making up more than half of all workplace deaths in Great Britain during 2010/11.

Dr Paul Stollard, HSE Director in Scotland, said:

"These statistics highlight why we need good health and safety in British workplaces. Employers should spend their time tackling the real dangers that workers face rather than worrying about trivial risks or pointless paperwork.”

The Royal Bank of Scotland has been found liable for an injury sustained by a woman who slipped on a wet floor in one of its branches in Edinburgh, reports the BBC.

Patricia O'Donnell, who sustained a soft tissue injury to her ankle that left her unable to work for three weeks, was awarded £7,500 at Edinburgh Sheriff Court.

The wet floor had been caused by a leak coming from an upstairs flat. The leak had been happening for a number of months, and bank staff had tried to contain it by placing a bucket undeneath the drips.

A recent resolution passed by the European Parliament has called for new technologies to be covered by current EU health and safety rules.

The resolution notes that every year, 168,000 EU citizens die from work-related accidents or diseases and seven million are injured in accidents.

The potential risks of new technologies and harmful substances must be assessed, and legislation drafted to ensure that nanomaterials are covered by the current European Occupational Health and Safety regulation.