When the ‘haunted house’ would only have got its name because the children knew about it – and so should the freight company
What happened?
In June 2014, two boys, aged 11 and 13 years, and two 13 year-old girls entered a yard, operated by DB Cargo (UK) Ltd, a freight company, and used for holding trains in Gateshead. The two boys climbed on top of a stationary wagon, part of a twenty-two wagon train due to leave the yard later that day. While on the wagon one of the boys made contact with the live 25,000 volt overhead powerline and suffered serious life changing injuries as a result. The other boy received minor burns.
The Office of Rail and Road (ORR) investigation found that trespassers often visited a disused signal box at the yard, known as the ‘haunted house’, and the cargo company had failed to ensure that non-employees were not exposed to risks to their health and safety through its activities.
The HM Chief Inspector of Railways, said: “This incident is a reminder to adults and children that railway sites can have many dangers, often not obvious, and that trespass on railway premises can lead to serious injuries.”
Legal Outcome
In the March 2019 court case, DB Cargo (UK) Ltd was found guilty of failing to discharge its duty under Section 3(1) of the Health and Safety at Work etc Act 1974 and was therefore guilty of an offence contrary to Section 33(1)(a) of the Act.
It also pleaded guilty at the conclusion of the trial to a single count of contravention of a requirement to produce information under s.20 of the Health and Safety at Work etc Act 1974. A request was made for documentation from the defendant by one of ORR’s Inspectors and that request was refused. They were fined £33,500 for that offence.
What can we learn from what happened?
This is similar to accidents that occur to due unauthorised but unprotected access to construction sites when children have been injured or killed. A possible difference is, as referred to by the chief inspector, the dangers are not often obvious.
It is clear that the ‘haunted house’ was known to children (otherwise it wouldn’t have gained the name), so either the cargo company did not know the children were playing there, which they should, or they chose not to prevent them. Either way, they were guilty of a serious offence.
For information, in case the reader is not familiar with the Office of Rail and Road (ORR), they have an enforcement authority role within the sector, similar to the HSE.
Source of Information
SHP Online