Network Rail has been ordered to pay a £3.75m fine for safety breaches after two employees tragically lost their lives when struck by a passenger train while working on the tracks. The incident occurred in July 2019, claiming the lives of Gareth Delbridge, 64, and Michael “Spike” Lewis, 58, as they performed maintenance on a section of track near Port Talbot.
A colleague, Darren Wilkins, narrowly escaped being hit. Swansea Crown Court was told that the work being done at the time of the incident was “unnecessary” as the track had already been upgraded, but this information had not been communicated to the workers.
Network Rail Infrastructure Ltd had previously pleaded guilty to failing to ensure the safety of employees. Representing the Office of Rail and Road, David Travers KC explained that on the morning of July 3, 2019, work was scheduled at two locations east of the historic Welsh manufacturing hub, referred to as Margam East Coil and Coal, and Margam Diesel.
He stated that Mr Delbridge, Mr Lewis, and Mr Wilkins were assigned to work at Coil and Coal, with Mr Delbridge acting as a team leader since the designated leaders were at the other location. The court was informed that there was no track closure, or “line block”, in effect on the morning in question, meaning trains were operating on the tracks.
It was also revealed in court that train warning technology was not available on Welsh lines at the time, leading to manual lookouts on open tracks. However, there was no lookout on the curved section of track where the three men were working, reports Wales Online.
The court heard that the noisy machinery used by the trio made it impossible for them to hear the approaching passenger train. The prosecution barrister argued that Network Rail was guilty of “serious and systemic” failures to establish and monitor compliance with safe working practices for track workers.
He claimed that training on the newly introduced procedures was conducted by unqualified individuals who lacked a proper understanding of track work. Furthermore, he stated that Safe Work Plans were often drawn up on the day jobs were carried out, authorisation was merely a “essentially a tick-box exercise”, and “workarounds and shortcuts were developed”.
He added that the systems for monitoring compliance were “simply not fit for purpose”. The barrister accused Network Rail of being aware of these issues but showing a “catastrophic lack of urgency in implementing track safety”.
Prosecuting barrister Travers highlighted a particularly heart-wrenching aspect of the tragedy, noting that the maintenance work Mr Delbridge, Mr Lewis, and Mr Wilkins were carrying out at Margam Coil and Coal was “unnecessary” and “did not need doing at all”. During the court proceedings, the prosecution barrister read out victim impact statements from the deceased’s families.
Carol Delbridge, speaking on behalf of her family, said their lives had been “shattered” by the loss. She remembered Gareth as a loving father, grandfather, and great-grandfather, whose absence has left an “irreplaceable void”.
Mrs Delbridge lamented that the retirement she and her husband had envisioned is now “a daunting and lonely prospect”. The family of Mr Lewis portrayed him as “the rock” of their family, always ready to go “above and beyond” for his wife, children, and grandchildren.
They conveyed their devastation over losing their “rock” and called for justice regarding the “terrible accident” that claimed their loved one’s life. Their statement poignantly added: “No one should go to work and never come home to their family at the end of the working day.”
Prashant Popart KC, representing Network Rail, referred to the events of July 3 as a “horrific, tragic and preventable incident” in which two employees “needlessly lost their lives and the life of another was put at serious risk”.
He acknowledged the company’s responsibility for the tragedy in Margam, stating: “The main purpose of me standing here today is to speak on behalf of the company and all the people who make up the company in saying sorry – sorry is a woefully inadequate word when two people have died but it is an important word”.
He highlighted the significant improvements in track worker safety over the years, asserting that the UK now boasts one of the best records in this regard. He dismissed claims that Network Rail lacked urgency in addressing the issue as “simply wrong”, adding that “there is simply no question of cost savings being prioritised over safety”.
He said Network Rail accepted its failings were a cause of the deaths of the two men and said while not seeking to cast blame it was a fact that Network Rail did not know why the work was being done in the morning when a block on the line had been agreed for the afternoon, and did not know why the work was being done without a lookout. He added: “What this case is really about is that systems were in place but they were not sufficiently adhered to” and Network Rail failed to make sure they were.
Recorder Christian Jowett said he was satisfied that the Network Rail safety standards in place did not adequately address the known issues in track working safety, and said its rollout to staff was “ineffective”. He said Network Rail “knew or should have known about” issues with the rollout of the safety standards and procedures. The recorder said a system of “workarounds” developed which staff thought complied with the safety standards, and that such workarounds were being used on the day of the incident.
Jowett noted that a culture of “workarounds” thought to align with safety standards had emerged, practices which were in place on the day of the tragic accident. Acknowledging Network Rail’s guilty plea, which led to a reduced fine, they were ordered to pay £3,750,000 with a 42-day deadline, alongside a £175,000 costs contribution.
The recorder offered his condolences to the families of the victims and said the court understood that no sentence it could impose could ease their grief or compensate for the loss of their loved ones.
Speaking after the sentencing Nick Millington, route director for Network Rail Wales & Borders, 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.”
Richard Hines, HM Chief Inspector of Railways, 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.”
