A judge has fined Network Rail £3.75m over the death of two of its employees, who were killed after being hit by a train.
The rail infrastructure operator pleaded guilty to breaching health and safety law in relation to the incident that happened in South Wales six years ago.
Swansea Crown Court heard that Michael Lewis, 58, and Gareth Delbridge, 64, were carrying out track maintenance work at Margam on 3 July 2019 when they were struck by a passenger service and suffered fatal injuries, according to a statement from the Office of Rail and Road (ORR), which brought the prosecution.
The pair did not have site or distant lookout protection, ORR investigators found, and there was no line block to prevent trains travelling on the section they were working on.
The regulator found “systematic and wide-ranging safety failures” resulting from “inadequacies” in Network Rail processes and management systems.
It said: “These were similar to the findings of ORR inspections in 2018 and 2019, and from other previous incidents, which led the safety regulator to take formal enforcement action to require Network Rail to improve track worker safety.”
Despite a “step change” in how track works are delivered since the Margam incident, with Network Rail “almost entirely ending” the practice of keeping lines live at these times, further track worker fatalities occurred in 2020 and 2021.
Chief inspector of railways Richard Hines said: “Our thoughts continue to be with the family, friends and colleagues of Michael Lewis and Gareth Delbridge. I am deeply sorry for their loss.
“The court has imposed a fine of £3.75m, which reflects the nature and gravity of Network Rail’s failings.
“The rail industry needs to do all it practically can to help each worker get home safely every day. Much progress has been made in reducing risk to track workers, with new protections introduced.
“The industry is committed to seeing these technologies implemented further and faster. This will require a relentless collective industry focus to continue to drive down risk to ensure that tragic incidents such as this are never repeated.”
Network Rail Wales and Borders route director Nick Millington said: “We know that the tragic deaths of our colleagues, Gareth Delbridge and Michael ‘Spike’ Lewis, should never have happened on our railway and that has been reflected by today’s judgment.
“Over the last five years I have met regularly with Gareth and Spike’s families, and our thoughts remain with them and all those friends and colleagues who have been impacted by their deaths.
“Since this tragedy, we have continued to transform the safety of our workforce through the development of new technology and planning tools, which have almost entirely eliminated the need to work on the railway when trains are running.
“Today’s judgment reinforces why safety must always be our first consideration, and we will continue to do all we can to make our railways the safest they can be.”
Network Rail pleaded guilty to a single breach of section 2 (1) of the Health and Safety at Work etc Act 1974. As well as the £3.75m fine, it was ordered to pay £175,000 in costs.
Through their lawyers, Hugh James, the families of the two men who died said their loss left an “irreplaceable void” in the lives of those who knew them.
They added: “Their tragic and untimely deaths serve as a heartbreaking reminder of the risks faced by railway workers every day.
“The profound impact of their loss continues to be felt deeply by their loved ones, friends and colleagues. Gareth and Mike were not just workers; they were devoted family members, cherished friends and valued members of their community. Their absence is felt in every moment and the pain of losing them remains immeasurable.
“What makes this tragedy even more devastating is that their deaths were preventable. The failure of both their employer and the regulator to implement and enforce proper safety protocols cost them their lives. This should never have happened and there needs to be accountability to ensure that no other family has to endure such unimaginable loss.”
They continued: “While we acknowledge the progress made in track worker safety since Gareth and Mike’s deaths, we urge all stakeholders in the railway industry to continue prioritising and improving safety measures. No life should be put at unnecessary risk due to systemic failures or inadequate protections.
“Though no amount of change can bring Gareth and Mike back, we remain steadfast in our commitment to ensuring that their deaths lead to lasting improvements in railway safety. Their legacy must be one of change – change that protects workers, saves lives and ensures that such a tragedy is never repeated.”
