Network Rail has been fined £3.41m and ordered to pay costs of c.£43,000 after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974, which followed an investigation and prosecution by industry regulator the Office of Rail and Road (ORR).
The incident occurred 9 February 2021 at Surbiton when Tyler Robert Byrne, a Network Rail track worker, was struck by a passenger train, and fatally injured.
Mr. Byrne was a member of a four-person group of track workers, undertaking inspections at the location while trains were running in both directions.
ORR alleged that there was insufficient protection and an inadequate warning system in place, which exposed all members of the working party to the risk of being struck by a train in the course of their work.
ORR’s investigation identified failings with the planning, monitoring and supervision to ensure the workers were adequately protected while carrying out their maintenance activities on the track.
ORR had previously served Network Rail two Improvement Notices in July 2019, requiring it to implement, preventive and protective measures necessary to safeguard workers on or near the line.
One of the notices concerned planning, and the other concerned the use of technology. While Network Rail had made some improvements to track worker safety arrangements at the time of Mr.Byrne’s accident, its implementation across the organisation lacked urgency and pace.
In recent years and subsequent to this incident, there has been a vast reduction in red-zone working, when lines remain live during track work, while new technologies have been introduced to reduce the risk of harm.
ORR’s HM chief inspector of railways Richard Hines said: ”Our deepest sympathies are with the family, friends and colleagues of Tyler Byrne.
“At just 29 years old, Tyler had a bright future ahead of him – I am sure that he would have gone on to achieve all his hopes and dreams with those who he loved the most.
“He, however, was sadly denied that opportunity. I am so sorry for the loss of his life.
“Our industry’s track workers play a crucial role in delivering a safe railway for passengers and users of the system, often working in challenging and difficult conditions.
“In a period when we also remembered those who lost their lives at Margam in 2019, let us keep our focus on reducing the risks faced by our people.”
Achievements and innovations in public transport safety will be recognised and celebrated at the fourth annual CiTTi Awards on 25 November 2025 at De Vere Grand Connaught Rooms in London. Visit www.cittiawards.co.uk to learn more about this unmissable event for the UK’s transportation sector!
