Network Rail guilty over level crossing accident

Network Rail has been found guilty of one offence under the Health and Safety at Work Act, following an accident that left a signaller with life-changing injuries.

The accident occurred at East Farleigh level crossing in Kent on April 24 2015. Maidstone Crown Court heard that signaller Douglas Caddell was trying to close a level crossing gate when it was hit by a vehicle, causing it to bounce back and knock Caddell to the ground.

His colleagues told the court that there had been frequent incidents of cars swerving across the railway tracks while signallers tried to close the gate, and that on the day of the incident Caddell had reported to the British Transport Police another near-miss involving a different vehicle.

The Office of Rail and Road (ORR) investigation into the incident revealed that NR’s risk assessment of February 24 that year consisted of a 30-minute census of traffic use and a conversation with a signaller. This assessed the deliberate misuse of the level crossing as being “significantly lower than average”, and that it “did not constitute a suitable or sufficient risk assessment”.

The ORR also determined that the risk of a driver failing to see that the gates were being closed was foreseeable, and that despite the risk NR had done “little or nothing to protect its employees”.

HM Chief Inspector of Railways Ian Prosser said: “We are absolutely committed to protecting the health and safety of passengers and railway staff, and will not hesitate to take enforcement action or press prosecutions when necessary.

“Mr Caddell suffered lifechanging injuries in this incident and the court’s verdict indicates how seriously the offence is viewed.

“We are pleased that Network Rail has taken safety measures, including installing warning lights, at East Farleigh. We would expect to see proper risk assessments made at the many similar level crossings across the country and necessary safety measures taken.”