DB Cargo (UK) has been fined £2.7m after a teenage boy suffered life-changing injuries while playing on the company's railway marshalling land in Gateshead, Tyne and Wear.
The Office of Rail and Road (ORR) found DB Cargo guilty under the Health and Safety at Work Act 1974 for failing to secure land, also known as Tyne Yard, from trespassers, despite repeated warnings of the risks. The company, which denied the offence, was also ordered to pay £188,874 in costs, as well as fined an extra £33,500 for an offence of refusing to provide documentation at request by ORR inspectors.
On 14 June 2014 two girls aged 13 and two boys aged 11 and 13 entered Tyne Yard to visit a disused signal box known locally as the "haunted house". Two boys tried to climb on to the roof of a stationary wagon, one of 22 that made up the train what was due to leave that day.
The 13-year-old boy who managed to reach the roof of the wagon, went too close to a 25,000-volt overhead line causing an electrical arc that threw him off the carriage and resulted in him losing part of both legs and seven fingers. The other boy sustained minor burns.
During the investigation, the inspectors found no credible obstacles in place to stop people entering the yard, no adequate security patrol or even signage deterring trespassers.
Newcastle Crown Court heard that the company was aware of the trespassing risks as early as 2011 and the presence of graffiti in the marshalling yard indicated people were gaining entry. Any warning signs fixed to the signal box were either indistinct or torn down.
A site report conducted in January 2013 indicated that the signal box "needs to be demolished asap" due to the risk it posed. Another report conducted two months later had a comment "need to get some wire fencing around the building asap".
A security patrol set up by the company focused on securing the signal box rather than the boundaries of the property and operated only between 8pm and 8am, despite evidence that people were gaining access at other times during the day.
After the trial, Ian Prosser who is the Chief Inspector of Railways said: "Out thoughts remain with the victim who suffered such awful injuries, the other children injured and traumatised, and also their families and friends who have been deeply affected by this harrowing incident.
"We welcome the sentence, which clearly indicates the seriousness with which this offence is viewed and we expect DB Cargo and the rail industry as a whole to look very hard at their sites and make sure they are doing everything possible to ensure they are secure.
"This incident is a reminder to adults and children that railway sites can have many dangers, often not obvious, and that trespassing on railway premises can lead to serious injuries".
