03.07.09
3 convicted for deaths of rail workers
Three men have been convicted of health and safety offences following the deaths of two railway workers at Hednesford, Cannock on 28 September 2004
David Jones of Swadlincote, Derbyshire, John Brady of Birmingham and Wayne Brigden of Birmingham, appeared at Stafford Crown Court on Wednesday 1 July and were found guilty of health and safety offences. The men will be sentenced in September.
David Pennington, from Burnley, and Martin Oates, from Sheffield, died after Mr Jones’ Road Rail Vehicle reversed into them. Mr Brady was the controller in charge of the RRV and Mr Brigden was the supervisor at the time.
Following a thorough investigation by British Transport Police and the Office of Rail Regulation, it was announced in November 2007 that Jones, Brady and Brigden, as well as three companies - Network Rail, Carillion, and VG Clements, would face charges.
Network Rail and Carillion, the principle contractor, pleaded guilty to health and safety charges at an earlier hearing and will also be sentenced in September.
The jury at Stafford Crown Court found VG Clements not guilty on two charges of health and safety offences. David Jones and John Brady were also found not guilty of charges of endangering safety of persons on the railway.
During the trial a number of issues were raised surrounding on-site safety and working practices on the morning of the tragedy.
The court heard that members of staff failed to attend a vital safety briefing by the person in charge of allowing engineering trains in and out of the area where the rail replacement work was being carried out.
It was also identified that on the day of the incident both the train carrying the replacement rails that were being fitted and the Road Rail Vehicle Mr Jones was driving were working simultaneously, despite the fact that neither vehicle should have been working side-by-side at the same time.
The result was that Mr Jones’ RRV reversed into the two men, who subsequently died. Mr Brady was the controller in charge of the RRV and Mr Brigden was the supervisor at the time.
When interviewed, David Jones admitted the RRV was reversing at a speed of up to 15mph when it had been identified that it should only move at walking pace, with a member of staff walking alongside it acting as a guide as it reversed.
Mr Jones also admitted being unsure whether he had switched the vehicle’s white and red lights to indicate the direction he was travelling in.
In addition, issues were raised about how clear the means of communications were between both vehicles and members of staff as the work progressed.
Detective Sergeant Bill Henry, part of BTP’s investigating team, said:
“This tragic incident highlights how important Health and Safety legislation is when working on an environment such as the railway.
“High standards of safety are essential to ensure the railway is as safe as possible. Failing to adhere to these inevitably compromises the well-being of rail employees.”
Senior investigating officer for British Transport Police, Detective Superintendent Michael Field said:
“These convictions mark the end of a lengthy investigation into this incident, which tragically led to the deaths of two railway employees, David Pennington, and Martin Oates, and our deepest sympathies and thoughts remain with their families and friends.
“We sincerely hope that the rail industry and its contracts heed the lessons learned from this tragic case and ensure staff are trained to the highest possible levels to ensure such a terrible incident is never repeated.”
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