KiwiRail pays for failures
He had yet to begin work that morning when a train came through. All KiwiRail employees were given the signal to leave the tracks, which they did. When a second northbound train came through, KiwiRail’s lawyer Richard McIlraith said Anderson was the only worker who ‘‘regrettably’’ remained on the tracks shortly after beginning work. It was a little sketchy as to why he had not moved, McIlraith said.
‘‘A signal was given from the Rail Protection Officer (RPO) to the crew to indicate a train was coming through but he did not see that, did not understand that. It was KiwiRail’s fault totally, but for whatever reason he was on track, but nobody else was.’’
The train rounded a bend and hit Anderson.
WorkSafe prosecutor Sue Petricevic said the incident was the result of a communication breakdown.
Since then, proper systems had been introduced to replace the ‘‘informal’’ way workers retreated from tracks when a train was coming, the court was told.
Among the failings that day, Cunningham said the digger was on the tracks without permission, there had been no staff briefing that morning, and the designated RPO wasn’t qualified to handle multiple activities on the site.
Cunningham ordered 80 per cent of the $110,000 go to Anderson’s partner and two children, and 20 per cent to his parents. She also ordered KiwiRail to pay court costs.
Outside court Faulkner said she was relieved it was over.
‘‘It’s not so much about the money, really. You should be able to go to work and know you’re not going to die.’’ The reparation money would go toward a downpayment on a house that could be modified to suit Anderson’s needs.
Faulkner and her two children are looking for a new home after she was given notice that she would have to leave their current one by the end of November.
The reparation money was ‘‘not the same as having Paul back’’, but it gave her and her daughters some security. She planned to visit her husband, who is in the Acquired Brain Injury unit in Porirua, today and tell him the news.
In a statement, KiwiRail said it accepted the court’s judgment and the incident had renewed a focus on safety procedures.
With Kathryn King