Companies fined £25,000 for failure to ensure safety of passengers during station refurbishment in Hertfordshire

The companies were prosecuted for breaches of health and safety law after failing to ensure public safety during the refurbishment of Berkhamstead station, Hertfordshire, in 2012, which led to a passenger being seriously injured after falling down a stairway.

In June 2012, Berkhamstead station was being refurbished but remained open for use by passengers and members of the public. As part of the station modernisation, a stairway linking two platforms was subject to extensive building work, including removal of the handrail. On 13 June, a passenger lost her footing and fell to the bottom of the stairs, sustaining significant and long term injuries. Following the incident, the refurbishment work was suspended until temporary protective measures and a roped hand rail were fitted in the stairwell.

The sentencing hearing at St Albans Crown Court follows an investigation by ORR which found that neither Sisk Rail, responsible for planning the construction work, nor London Midland, responsible for providing a safe station environment for customers, had adequately planned for the removal of the handrails. ORR's investigation found that neither company had installed any protective measures in the surrounding area to warn that the handrails had been removed. This posed a clear safety risk to the users of the stairway. It wasn't until a passenger fell down the stairs that the necessary safeguards were put in place to protect passengers from the risk of using the stairwell with no handrail.

London Midland and Sisk Rail both pleaded guilty to charges made under section 3 of the Health and Safety at Work etc. Act 1974.

Ian Prosser, ORR's director of railway safety, said:

The rail industry's management of platform and station safety needs more attention than ever before, as Britain's railways see rising passenger numbers, a greater number of train services, and increasing construction projects.

Companies must work together to safely manage projects at stations and protect passengers from risks of harm. By removing a stair handrail and neglecting to provide appropriate protection, London Midland and Sisk Rail caused a member of the public to suffer long-term and potentially life-changing injuries. Such poor planning and inadequate passenger information is unacceptable.

ORR will continue pressing the industry to ensure the safety of all those using Britain's railway stations, and will not hesitate to take action when serious failings are found.

Notes to editors

1. The Office of Rail and Road is the independent economic and safety rail regulator and the independent strategic roads monitor.
2. Use of the name, the Office of Rail and Road, reflects the new roads functions conferred on the Office by the Infrastructure Act 2015. Until this name change is confirmed by legislation, the Office of Rail Regulation will continue to be used in all documents, decisions and matters having legal effects or consequences.
3. Follow the Office of Rail and Road on Twitter @railregulation for latest news data and announcements on the rail industry and @highwaysmonitor to keep updated on ORR's strategic road monitoring work. 
4. London Midland and Sisk Rail pleaded guilty in December 2014. 
5. Financial penalties imposed by the court:
   • London Midland has been fined £12,500 and ordered to pay costs of £9,814.90.
   • Sisk Rail has been fined £12,500 and ordered to pay costs of £9,814.90.