Rail firms fined over man's death

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Two railway maintenance firms have been fined £240,000 each after admitting health and safety failures which led to the "unnecessary" death of a worker.

Neil Martin, 46, from Essex, had been helping move a cherry-picker machine out of Edinburgh's Waverley Station when he was killed in 2006.

Employer Border Rail and Plant and the machine's manufacturer, LH Access Technology, admitted the offences.

They were fined at Edinburgh Sheriff Court on Friday.

Sheriff Nigel Morrison QC said the operation to move the machinery was "not adequately planned", had placed Mr Martin at an "unacceptable risk of serious injury" and that the loss of his life had been "unnecessary".

"The method adopted to move the machine was inherently and obviously unsafe involving, as it did, a man walking between two moving wheels," said the sheriff.

What was done fell well below what was reasonably practicable Sheriff Nigel MorrisonEdinburgh Sheriff Court

He said Mr Martin, a fitter operator, had been taking part in an overnight operation to remove the rail-mounted access platform from the railway station in order to have it repaired by manufacturer LH Access on 21 March 2006.

The court was told Mr Martin had been trying to control the steering of the vehicle as it was moved along Calton Road at about 0400 BST when the rear wheel ran over his leg and up onto his back.

Ambulance crews found Mr Martin, from Essex, lying face down on the ground. He was taken to Edinburgh Royal Infirmary but did not regain consciousness and was pronounced dead shortly afterwards.

A post-mortem examination found he had died of multiple injuries and compression trauma.

Lawyers for the companies, which have no previous convictions, told the court the fines could put the firms into receivership and asked for up to 18 months to pay, but Sheriff Morrison allowed them six months.

Border Rail had argued that it could not have foreseen that the cherry-picker would be moved in the manner that it was, which went against normal industry practice, even though its foreman knew what was being done.

'Considerate employers'

Sheriff Morrison said: "While it may be said that moving the machine off site or certainly the method adopted was not expected by the company, the failure to recognise the risk and to stop the operation once it was, or should have been, appreciated that it was obviously unsafe is a serious failure of duty.

"What was done fell well below what was reasonably practicable."

Sheriff Morrison added that he did not have the power to direct that the fines be put towards increasing safety in the rail industry, as Mr Martin's family had requested.

Mr Martin's mother Frances Martin said the size of the fine was a matter for the court, but added that she would be sorry if Border Rail went out of business as her son had enjoyed working for the company.

"They were extremely good, considerate employers and they have treated us with utmost respect," she added.