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    DOUBLE FATALITY RAILWAY PROSECUTION

    Rail operator and contractor fined £1.m+ over death of rail workers

    Network Rail and Carillion have been fined £666,667 and 444,444 respectively following prosecutions by the British Transport Police arising from the deaths of David Pennington and Martin Oake in September 2004.

    The workmen were hit by a reversing road rail vehicle whilst laying new track near Hednesford, Staffordshire. Three individuals who were involved in operating the vehicle were also prosecuted and fined for offences under HSW Act S7.

    Judge Mark Eades said:This was reckless and tragically took the lives of two men who were working on the track at the time. For you three men who were responsible on that day for the RRV there was a flagrant disregard of what was required of you. But I think the majority of the blame lies at the hands of Carillion and Network Rail. Two rail vehicles of this kind shouldn’t have been operated together on this track at the same time.”

    Network Rail said: “This was a very tragic incident and our thoughts remain with the families of the deceased. Fortunately incidents such as this are very rare on Britain’s railways. Safety is Network Rail’s number one priority and we take this responsibility very seriously as we continue to make the countries railways ever safer.”

    Carillion have said: “our prime concern remains the health and safety and well being of all our employees, sub-contractors and anyone who may be affected by our activities. Carillion recognises that first class health and safety standards are fundamental to our business and we remain committed to reinforcing this across all our businesses.”

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