Companies handed fines of more than £1m after cleaner’s death

London and South Eastern Railways (LSER) and Wetton Cleaning Services Ltd were fined £2.5 million and £1.1m respectively on November 17, in a prosecution brought by the Office of Rail and Road after a cleaner died three years ago at West Marina depot, near Hastings.

Roger Lower, 46, was electrocuted after falling onto a 750V live third rail during a shift on May 24 2014. The depot is operated by LSER, which operates the Southeastern franchise. Lower had been working at the depot for three months.

Guildford Crown Court was told that Lower arrived for his shift just after 2200, before cleaning the sides of train with colleagues. Later, he was found lying on the live rail. Emergency services were called, but they were unable to save him.

Cleaners were supposed to be protected by ‘Protection Boards’, but ORR inspectors found none of the four present were in use in that location. Instead, inspectors found them leaning against buffers.

LSER employed Wettons to clean trains, and West Marina was leased for that purpose. ORR’s inspectors found a culture of cutting corners which it said exposed staff to risks, including: relying on paperwork rather than checking what was actually happening in the depot; failing to ensure safe systems were in operation; and inadequate training and supervision.

ORR’s investigation found health and safety failures by both companies in contravention of the Health and Safety at Work Act 1974.

“The failings by Wettons and Southeastern were unacceptable and show the consequences of not abiding by health and safety, including the provisions of the law,” said HM Chief Inspector of Railways Ian Prosser.