Great Western Railway (GWR) has today been fined £1 million and
ordered to pay more than £78,000 in costs after pleading guilty
to breaches of health and safety law, following an investigation
and prosecution by the Office of Rail and Road (ORR).
The case relates to a fatal incident near Twerton on 1 December
2018, when 28-year-old Bethan Roper suffered a fatal head injury
after placing her head outside a droplight window of a moving GWR
train and striking a tree branch. Droplight windows, found on
trains with slam doors, can be lowered to open.
In 2016, a passenger died in a similar incident near Balham,
south London. Following that accident, the Rail Accident
Investigation Branch (RAIB) issued safety recommendations in May
2017.
Although GWR was already aware of a number of previous incidents,
the company did not produce a written risk assessment for
droplight windows until September 2017. That assessment
identified the hazard as one of the most significant passenger
safety risks.
However, ORR later found the assessment to be neither suitable
nor sufficient and wrote to GWR to highlight its shortcomings.
The assessment was not revised in light of ORR's concerns, and
the actions GWR had identified to reduce the risk were not
implemented before the fatal accident in 2018.
Following Ms Roper's death, further safety recommendations were
issued across the rail industry, to prevent passengers from
leaning out of droplight windows.
As a result of these measures, all rolling stock operated by
train companies that had droplight windows has since either been
withdrawn from service or fitted with engineering controls to
prevent windows being opened while trains are moving.
Richard Hines, ORR's Chief Inspector of Railways,
said:
“Our thoughts remain with the family and friends of Bethan Roper.
Her death was a preventable tragedy that highlights the need for
train operators to proactively manage risks and act swiftly when
safety recommendations are made to keep their passengers safe.
“Our investigation found that GWR fell short in its
responsibilities, and this prosecution reflects the serious
consequences of that failure. We welcome the actions taken since
by GWR and the wider industry to reduce the risks. Safety must
always remain the first priority across Britain's
railways.”