Two companies fined over rail worker's death

Two companies have been handed down fines totalling £325,000 in the Central Criminal Court, London, today.

The prosecution of McGinley Recruitment Services Limited (MRS) and Balfour Beatty Rail Infrastructure Services Limited (BBRIS) was brought by the Health and Safety Executive (HSE) followed its investigation into the death of rail worker Michael Mungovan.

Michael Mungovan, 22, died in the early hours of October 9 2000 after being struck by a train at Vauxhall, London. Michael was a student at Brunel University and had worked only a few times on the railway, the HSE said.

MRS of Watford, Hertfordshire was fined £175,000 and ordered to pay costs of £24,000 to HSE. BBRIS (known at the time of the incident as Balfour Beatty Rail Maintenance Ltd) of Thornton Heath, Surrey was fined £150,000 and ordered to pay costs of £18,144 to HSE in the Central Criminal Court, London.

Vauxhall is a complex and busy section of track, and Michael had been tasked by BBRIS with taking the track into possession. He was walking down the track towards a platform when he was struck from behind by a train.

HSE alleged that both companies had failed in their duty of care towards Michael by exposing him to risks to his safety.

MRS and BBRIS each pleaded guilty to a charge of breaching Section 3(1) of the Health and Safety at Work etc Act 1974 at an earlier hearing at City of London Magistrates on 16 June 2004.

HSE's HM Railway Inspector, Chris Collett who led the HSE investigation said: "Michael's untimely and unnecessary death underscores the need for companies to ensure that those working on the railways do so only when they have received proper training, instruction and information, and that they are supervised by competent people."

Dr Allan Sefton, HSE Director of Rail Safety said: "Health and safety law affords protection to all those engaged in work activities and we expect those firms and agencies which supply labour to meet their statutory obligations. Michael's death was a result of systemic failures by MRS and an unsafe system of work operated by BBRIS at the time. On behalf of all my colleagues in HSE I extend my deepest sympathies to the Mungovan family for their loss."

(gmcg)