Network Rail fined £4m for Grayrigg train crash
Network Rail is given a £4m fine for health and safety failures which caused the Grayrigg train crash in 2007 in which one person died and a further 86 were injured.
The firm, which is responsible for the upkeep of the railways, accepted it was at fault for the derailment which killed one passenger and left 28 others seriously injured.
Margaret Masson, 84, from Glasgow, died from multiple injuries after the Virgin Pendolino London to Glasgow express train crashed on the west coast main line near the remote Cumbrian village of Grayrigg on the night of February 23, 2007.
The court was told the 300-tonne locomotive derailed at 95mph after hitting a badly-maintained and faulty set of points, with all nine carriages of the tilting train coming off the tracks.
Stretcher bars holding the moveable rails a set distance apart when the points are operated had failed, causing the train’s wheels to come off the tracks.
Poor maintenance
A Rail Accident Investigation Branch (RAIB) report in the aftermath of the crash confirmed the “immediate cause” of the derailment was the poor maintenance of the failed points.
But during the two-week inquest into the death of Mrs Masson held in 2011, the hearing was told of a catalogue of problems with maintenance within Network Rail.
Outside court, solicitor Soyab Patel, speaking on behalf of the family, said: “The fine of £4m together with costs will ultimately be borne by the taxpayer. Mrs Masson’s daughter Margaret is a taxpayer. Her mother died in the crash. She and her husband suffered serious injuries.
“She finds it offensive she is contributing to the fine.”
Sacked superviser had warned west coast track maintenance was a “shambles”
The crash happened during the £9bn upgrade of the west coast main line to accommodate faster, tilting Pendolino trains. But faster trains meant staff had less time to get on the track for safety checks – made even worse in winter with shorter daylight hours.
Patrol men doing the job were also harassed by Network Rail management to get off the track so they could get trains running again. Workers said they were already overworked and understaffed.
In emails to his managers, David Lewis the track superviser at Grayrigg, warned them maintenance was a “shambles” and staff complained of “bully boy” management.
Yet the day after Mr Lewis missed the points check he came into work on his day off, having been asked to do a presentation to workers, the theme: ‘Network Rail, a world class company’.
Mr Lewis broke down in tears as he admitted to the inquest he simply forgot to check the points. He was arrested and lost his job and pension from Network Rail, but was merely a “scapegoat” who had acted with “integrity” Mrs Masson’s family said.
Within hours of the crash NR blamed “infrastructure” for the derailment. Rail staff had also reported concerns to the Railway Inspectorate, forerunner of the Office of Rail Regulation, but their inspectors simply “accepted assurances from management”.
Unions have claimed safety was overridden at the expense of political careers and financial incentives for senior managers at Network Rail. In March 2012 the firm’s board decided to forgo six-figure performance bonuses after coming under political pressure.
Chief executive of Network Rail Sir David Higgins, was in line for a possible £340,000 bonus on top of his £560,000 annual salary – roughly 90 times the one-off standard bereavement payment of £10,000 for families such as Mrs Masson’s.
Credit
Network Rail admitted a charge under section 3(1) of the 1974 Health and Safety at Work Act.
Passing sentence, Mrs Justice Swift said: “This was a very serious offence and could have easily led to greater loss of life than actually occurred.”
The judge said if convicted after trial the penalty would have been £6m but credit was given for the guilty plea. Network Rail was ordered to pay the sum, along with £118,037 costs, within 28 days.