NETWORK RAIL PAYS SIGNIFICANT DAMAGES FOR RAIL DEATH

RMT helpline 0800 376 3706 :: may 2011 :: RMTnews 24 The widow of a rail worker, whose husband Charles Stockwell died in April 2007 when he was struck by a fast- moving train, has been awarded a substantial sum in compensation by Network Rail. Mr Stockwell, then aged 50, was killed whilst welding track as a train approached the busy Ruscombe Junction in Berkshire. Because of the job he was doing, Mr Stockwell could not see or hear the train coming. He had been working in a “red zone”, in which trains continued to run on all four lines, with lookouts. According to Network Rail policy, this was a system that should only be undertaken when all other methods were unavailable. However, the obligatory RIMINI form had not been completed by the works scheduler. The RIMINI form is required to be completed at the planning stage for all track works and contains a hierarchy of safe systems of work which have to be worked through in order that the safest method of work available is used. The tragedy came just a month after another welder had managed to jump clear of a train in similar circumstances. After that near miss Network Rail issued a Safety Bulletin, though this was not seen by Charles or his colleagues. Following his death, Network Rail issued further instructions to employees that they were always to go to a place of safety once an approaching train had been observed. But the fundamental issue in the legal case was why managers decided that the works should be carried out in red-zone conditions when the risk assessment using RIMINI had not been carried out. RMT appointed Thompsons Solicitors to seek damages on Mrs Stockwell’s behalf and argued that the accident and death was caused by negligence and a fundamental breach of the statutory health and safety regulations by Network Rail in not following its own procedures and policies. Andrew Hutson from Thompsons argued in a hearing that working in red zones, where trains are still running, is inherently unsafe. “Clearly, it is very dangerous to work where trains are still passing, particularly at high speed, and the time available to get out of the way is minimal. “Network Rail has a responsibility to enforce proper standards and systems for the safety of their workers and regrettably in Mr Stockwell’s case, this failed,” he said. SAFETY MUST BE PARAMOUNT RMT general secretary Bob Crow said that the tragic case reinforced RMT’s continuing campaign for a safe working environment on Britain’s railways. “Our thoughts are with Mrs Stockwell and Charles’ family and friends and we hope that the legacy of his totally unnecessary death will be a renewed focus on safe working practices out on Britain’s railways,” he said. Mrs Stockwell said that her husband had always said it was a dangerous job and that things needed to change, yet Network Rail always insisted that safety was their number one priority. “Despite this, Charles died doing the job he enjoyed, and I am still left wondering how it could have happened. “My husband’s death has affected the whole family and it’s something we’ll never get over, when Charles died I lost a part of my life,” she said. Andrew Hutson said that the aim in bringing the case was to help ensure other rail workers are not placed in such danger. “Network Rail’s systems must be improved and we would like to see an end to red-zone working and the safety of those repairing tracks must be paramount. “However, given the costs and complexities of pursuing this case – we simply could not be sure that we would succeed – I fear that if the government’s proposed civil justice reforms are implemented then we would be unable to pursue such a case again,” he said. (see page 25) Thompsons Solicitors has relaunched its website www.thompsons.law.co.uk The new look site makes it easier for trade unionists to access Thompsons’ employment law, health and safety and other legal materials. The redesign, launched on May 1 after months of planning and development work, comes at a time when those injured or made ill either at or away from work, or who have suffered discrimination or injustice will be feeling uniquely vulnerable in the face of government attacks on their rights. A new resources section contains employment and personal injury law booklets, factsheets and updates on everyday legal issues, the Thompsons flagship bi-annual publications Labour and European Law Review and Health and Safety News, and the firm’s responses to government consultation papers on changes to employment, health and safety and civil justice laws. There is also an e-training section consisting of a range of practical and simple to complete modules to empower those who represent members in the workplace. Tom Jones of Thompsons said that firm had a proud 90- year history of working with trade unions to ensure members are aware and take advantage of their legal rights. “We aim to provide the best union and legal representation but we are always most effective if those we represent have greater knowledge themselves of the law. “Our new website is easy to navigate and provides the most up-to-date information possible on the law as it affects people who have been injured or otherwise suffered an injustice,” he said. NETWORK RAIL PAYS SIGNIFICANT DAMAGES FOR RAIL DEATH Union wins case for widow and to ensure Network Rail follows its own safety procedures and policies THOMPSONS LAUNCHES NEW LOOK WEBSITE