Health and Safety Fine

Network Rail has received a health and safety fine after a man was left disabled. The Office of Rail and Road (ORR) reported, “The worker suffered catastrophic and life-changing injuries to his legs and spine. He lost 12cm of bone to his left leg and 4cm to his right leg. The tendons and nerves of his right leg were also irreparably damaged, causing permanent disability.” The accident occurred on 29th September 2018.

Health and Safety at Work etc. Act 1974

Network Rail was fined £1.4m after the ORR found failings that led to a worker being crushed between the conveyor of a 25 tonne ‘Superboss’ ballast distributor and Kubota people carrier. Network Rail was fined for breaching s.2(1) and (2) of the Health and Safety at Work etc. Act 1974 (“HSWA 1974”)y failing to ensure the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees contrary to s.33(1)(a) of the HSWA 1974. 

The ORR cited a range of failings, including:

  • Insufficient planning
  • Poor communication at all levels
  • Lack of suitable information for staff
  • Lack of direction and instructions for staff
  • Poor training for safety-critical staff
  • Insufficiently robust supervision
  • Operational failures by Network Rail

The Need for Suitable Risk Assessments

Risk assessments are a vital tool for all businesses. They need to be completed by a competent person who has knowledge of what the potential risks could be for the process being assessed. Without an adequate risk assessment, planning, training and performance of the process may not be suitable. At Peninsula we can support you with your health and safety requirements.

To have a discussion about your company’s health and safety procedures, get in touch with me now.


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