The Office of Rail and Road (ORR) prosecuted Renown Consultants Limited, a National Rail contractor after their failings led to the tragic death of two employees.
On 19 June 2013, Zac Payne and Michael Morris died after their work vehicle came off the motorway and crashed into a parked van. It is believed the driver, Mr Payne, fell asleep behind the wheel whilst driving back to Doncaster following a night shift in Stevenage.
Mr Payne had left Doncaster at 4.30 am the day before the accident, driven to Alnmouth, Northumberland, arriving at 7.30 am for work. This expected job did not take place so after midday he drove back to their Doncaster depot, arriving at 3 pm. Whilst returning to the depot Mr Payne was asked to undertake an overnight welding job in Stevenage. So after 7 pm that night, Mr Payne and Mr Morris set off to the new work site, arriving just before 10 pm.
Both men then started work at the railway welding job at 11.15 pm, and they left site at 3.40 am. The fatal crash occurred at around 5.30 am.
The ORR told Nottingham Crown Court that Mr Payne was suffering from the effects of fatigue, and it is believed he may have fallen asleep at the wheel or experienced 'microsleeps', which greatly increase the risk of a road traffic accident.
On 18 June, the day before the fatal crash, Network Rail had asked its contractor, Renown Consultants, for an additional welding team at Stevenage.
Renown Consultants accepted the job before they considered if they had employees that were well-rested sufficiently to complete the work. They failed to follow their own fatigue management procedures and did not comply with working time limits for safety-critical work, which welding is. There should be a minimum 12 hour rest period between an employee booking off duty and returning to work. The company also failed to conduct a suitable and sufficient risk assessment of Mr Payne's fatigue.
On top of this, Mr Payne had been permitted to drive the work vehicle, despite the fact he was only 20, and the company's insurance policy only covered drivers over the age of 25. This policy was routinely breached according to members of staff.
An investigation by the ORR deemed Renown Consultants policies and procedures to be inadequate in light of zero-hours contracts, which Mr Payne was on. As they were only paid for the shifts they worked, this incentivised these employees to volunteer for jobs despite their levels of fatigue. They were also discouraged from refusing jobs as they were reliant on Renown Consultants for securing their welding qualifications.
Chief Inspector of Railways, Ian Prosser, commented: ''Our thoughts are with the family and friends of Mr Payne and Mr Morris. The rail industry relies on a huge workforce of skilled manual staff often working at night and on shifts. Fatigue is a real and known risk which reduces alertness and affects performance. Today’s tragic case shows the fatal consequences that can occur when fatigue policies are disregarded. Safety comes first and ORR will continue to monitor and take action where companies do not take sufficient care to ensure their workforce is not too tired to work.''
Nottingham Crown Court found Renown Consultants guilty under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations SI 1999/3242.
