Network Rail has been fined more than £3m after pleading guilty to an offence under the Health and Safety at Work etc. Act 1974.

The incident happened on the 9th of February 2021 at Surbiton station when track worker Tyler Robert Byrne was struck and fatally injured by a passenger train.

Tyler was a member of a four-member group of track workers undertaking inspections at the location whilst trains were running in both directions.

It was found that there were no protection or warning systems in place, which exposed everyone in the group to the risk of being struck by a train.

The investigation found failings in planning, monitoring, and supervision to make sure that workers were protected whilst carrying out their tasks.

The ORR says that it served safety notices in July 2019, and while Network Rail had implemented some improvements, the company lacked urgency and pace.

The fine totalled £3.41m, and Network Rail was ordered to pay costs of £43,096.39

“Our deepest sympathies are with the family, friends and colleagues of Tyler Byrne. At just 30 years old, Tyler had a bright future ahead of him – I am sure that he would have gone on to achieve all his hopes and dreams with those who he loved the most. He, however, was sadly denied that opportunity. I am so sorry for the loss of his life.

“Our industry’s track workers play a crucial role in delivering a safe railway for passengers and users of the system, often working in challenging and difficult conditions.  It’s essential that they are also protected from harm.

“In a period when we also remembered those who lost their lives at Margam in 2019, let us keep our focus on reducing the risks faced by our people.” 

Richard Hines, ORR’s HM Chief Inspector of Railways

“The tragic death of our colleague, Tyler Byrne, should never have happened on our railway. Our thoughts continue to be with Tyler’s loved ones, family, friends and colleagues.

“We accept today’s judgment and are deeply sorry for what happened. Any life lost on the railway is one too many and since this tragic event we’ve continued to take significant steps to improve safety.

“Our Track Worker Safety programme has almost entirely eliminated the need for colleagues working on the railway when trains are running. We have done this by carrying out maintenance work at different times, using alternative technology and we continue to examine our planned work to keep our colleagues safe.

“Today’s judgment is a sobering reminder of why safety must remain at the very forefront of our minds. Tyler’s death will never be forgotten, and we will continue to strive to ensure something like this never happens again.”

Ellie Burrows, Managing Director, Southern Region for Network Rail