A jury has found three rail workers guilty of safety failures after two men who were delivering rails during a rail replacement operation were killed at Hednesford, Staffordshire, in 2004. Mr A, and Mr B both died after a road-rail vehicle (RRV) driven by Mr C reversed into them at speed as they worked to complete a rail drop to a site where new track was being laid.

Stafford Crown Court recently heard that in advance of Network Rail’s renewal work on the site, new sets of continuously-welded 216-ft-long rails were being delivered on rail delivery trains (RDT) – managed by Network Rail – by a five-man team. The two deceased men were part of this team and were employed by Contractor A, which was operating the RDT on behalf of Network Rail.

Mr C admitted that the RRV, which was provided by Contractor B, had been reversing at a speeds of up to 15mph when it should have only been moving at a walking pace, with another person walking alongside it acting as a guide. Workers also failed to attend a vital safety briefing by the supervisor with regards to the movement of trains in the area.

The court found Mr C guilty, as well as Mr D, who was marshalling Mr C at the time of the incident, and Mr E, senior site supervisor employed by Contractor B, guilty of failing to take reasonable care of the health and safety of themselves and others under s7 of the HSWA 1974 after a six-week trial.

Both Mr C and Mr D were acquitted of a charge under s34 of the Offences Against the Person Act 1861 that they endangered persons on the railway.

Contractor A was charged with breaching s2(1) and s3(1) of the HSWA by failing to ensure the safety of both employees and non-employees but was also cleared by the jury.

Contractor B had pleaded guilty to breaching s2(1) and s3(1) of the HSWA by failing to ensure the safety of both employees and non-employees at an earlier hearing on 2 February 2009, where Network Rail also pleaded guilty to breaching s3(1) of the same Act.

All parties found, or who pleaded guilty will be sentenced in September this year when mitigation will be given. The court heard that the penalty for the three workers would be a fine.

It is important that both companies and individuals are aware of, and fulfil, the health and safety obligations placed upon them.