Train operator and cleaning company fined £3.6m after worker electrocuted on live rail

Roger Lower, 46, a father of two, who had been working for Wettons for three months, was electrocuted after falling on a 750-volt live rail during his shift at West Marina Depot, near Hastings in East Sussex on 24th May 2014.  The depot is operated by LSER.

Guildford Crown Court heard that Mr Lower had arrived for his night shift a little after 10pm before starting work cleaning the sides of trains with colleagues. Later that night, he was found lying on the live rail and, although emergency services were called, they were unable to save his life.

Cleaners at West Marina were supposed to be protected from the live rail by ’Protection Boards’, but ORR Inspectors found that none of the four Boards present in this location was in use. Inspectors found all of them were leaning against buffers, away from the scene of the tragedy.

Wettons was employed by LSER to clean its trains and the West Marina depot was leased from Network Rail for that purpose. ORR’s investigation revealed health and safety failures by both Wettons and LSER, in contravention of the Health and Safety at Work Act 1974. Wettons was prosecuted under Section 2, while LSER were prosecuted under Section 3.

ORR Inspectors found a culture of cutting corners, which exposed workers to serious risks including:

  • Relying on paperwork rather than checking what was actually happening in the depot.
  • Failing to ensure safe systems were in operation.
  • Inadequate training and supervision.

Ian Prosser, HM Chief Inspector of Railways, said, "Our thoughts are with Mr Lower’s family and friends at this difficult time. The failings by Wettons and Southeastern were unacceptable and show the consequences of not abiding by health and safety, including the provisions of the law.  As always, ORR is committed to monitoring compliance and taking tough enforcement action when necessary, as this tragic case demonstrates."

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