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Balfour Beatty fined
Balfour Beatty has been fined almost £200,000 over an incident in which a rail worker was fatally electrocuted. Jason Lee Pepall was working for Balfour Beatty as a contractor from McGinley Recruitment Services. He was acting as lookout, as well as doing some physical work, for a gang of workers repai...
Case | 1 Mar 2007
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Balfour Beatty
The record £10m fine imposed on Balfour Beatty in relation to the Hatfield rail crash has today (5 July) been cut to £7.5m by the Court of Appeal. The 117mph crash of a London King's Cross to Leeds train on 17 October 2000 was caused by a cracked section of track; the accident killed four people and injured a further 102. Balfou...
News | 5 Jul 2006
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Balfour Beatty argue
The £10m fine imposed on engineering giant Balfour Beatty in the wake of the Hatfield rail disaster was "excessive", defence lawyers have argued in the Court of Appeal today (16 May). The 117mph crash of a London King's Cross to Leeds train on 17 October 2000 was caused by a cracked section of track; the accident killed four people and injured ...
News | 16 May 2006
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Balfour Beatty faces large fine over worker death
Balfour Beatty Civil Engineering has been fined a total of £60,000 and ordered to pay £45,000 costs after pleading guilty to breaches of health and safety legislation. The case brought by the HSE follows its investigation into the death of employee Stephen Haywood during construction of the Nesscliffe ...
Case | 23 Nov 2005
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Balfour Beatty argue £10m Hatfield crash fine is ?excessive?
...the £10 million fine is based on the judge's extremely pertinent words - "one of the worst examples of sustained industrial negligence in a high risk industry I have ever seen" Judges do not make statements such as this without weighing up the evidence and rather than appealing the fine I think Balfour Beatty should be grateful it was only £10 million. The fact that they pleaded guilty should not even be mentioned - they killed and maimed people as a result of their inaction. The evidence showed that the company knew about the faults in rail lines yet did nothing about them - this is truly d...
Comment | 17 May 2006
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Health and safety fine raised following Crown appeal
...travention of the statutory provisions following a death. As a result, no Scottish case has led to a reported judgment in which the relevant considerations have been discussed, until now. The appeal court in their judgment made considerable reference to the English authorities, in particular R v. Balfour Beatty Rail Infrastructure Ltd, which set out a number of principles derived from earlier English judgments. In Balfour Beatty, it was noted that failures to fulfil the general duties imposed by sections such as section 3 of the 1974 Act will be particularly serious, as such sections are the “fo...
Case | 30 Mar 2009
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Railway companies fined £600,000 for electrical accident
...the knee and received 30% burns over his body. Two other workers were injured as they jumped clear from the elevated platform upon which they had been working. The men thought the line had been isolated and made safe.The work was carried out by a joint venture between GT Railway Maintenance Ltd and Balfour Beatty Rail Projects Ltd, with Elec-Track Installations Ltd (now known as Hythe Realisations Ltd) as a sub-contractor.The three companies had not ensured a safe system of work, and had received warnings about their isolation procedures from their own safety staff beforehand, but had not made improv...
Case | 21 May 2008
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Fines for health and safety offences: does the punishment fit the crime?
...gularities and the fines for health and safety. The biggest ever fine in the UK for a health and safety offence was £15m, which was handed out to Transco in 2005 over the Larkhall explosion that killed a family of four in 1999. In England and Wales the biggest fine was £7.5m, which was given to Balfour Beatty after four people died in the Hatfield rail crash. In the UK the average fine for health and safety offences in the crown court, where unlimited fines are available, is roughly £33,000. In the magistrate’s courts, where the maximum fine is £20,000, the average fine is roughly £4,000. ...
News | 3 Aug 2007
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£325,000 fine after student employee killed by train
McGinley Recruitment Services Limited and Balfour Beatty Rail Infrastructure Services Limited have received fines totalling £325,000 in the Central Criminal Court, London. The prosecution followed the HSE investigation into the death of rail-worker Michael Mungovan. Facts Michael Mungovan, 22, died in the early hours of 9 October 2000 after...
Case | 4 Oct 2004
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Rail Companies Fined Following Boy's Death on Railway
Two rail companies, Network Rail Infrastructure Ltd (NRIL) and Balfour Beatty Rail Infrastructure Services Ltd (BBRIS), were today fined a total of £300,000 for breaches of health and safety law. The prosecutions followed an investigation by the HSE into the death of four year-old Bobby Wood, who was electrocuted after gaining access to live rail in Strood, Kent o...
Case | 12 Feb 2004
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£2.4m in health and safety fines
Following on from the recent high fines reported in Facilities Management Legal Update (R -v- Dunlop, R -v- Balfour Beatty Rail Maintenance Ltd, and R -v- Brintons Ltd) the courts have now imposed three heavy fines for health and safety offences in one week. Great Western Trains were fined £1.5m following the death of seven passengers in the rail accident at Southall in 1997. London Underground Limited were fin...
News | 10 Sep 1999
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Record Fine for Rail Crash
Great Western Trains Company Limited (GWT) was fined £1.5 million following the railway accident at Southall, West London in September 1997. This is the highest health and safety fine against an individual company: the previous record was the £1.2 million imposed on Balfour Beatty earlier this year following the Heathrow Express rail link collapse. The sentence was imposed by Mr Justice Scott-Baker, who last month ruled that the charges against GWT for manslaughter had to be dropped since the company could not be prosecuted for gross negligence without naming a...
Case | 30 Aug 1999
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Health & Safety Fines Increases
...ection 2 offences, whereas fines are unlimited in the Crown Court. R -v- Dunlop Tyres Limited Health & Safety Fines Increase: 2 A prosecution following the Rivenhall de-railment in September 1997 has attracted a record fine for a railway accident of £500,000. The fine was imposed on Balfour Beatty Rail Maintenance Limited who pleaded guilty to a breach of Section 3 of HSWA. The accident occurred where Balfour Beatty was rectifying a slurried track, which had drainage problems. In determining the level of fine, the Crown Court judge considered the very real danger that lives would...
News | 30 Apr 1999
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Heathrow Expressway Collapse Results in Record Fines
Balfour Beatty Civil Engineering Limited and Austrian tunnelling specialists Geoconsult ZT GmbH were prosecuted for breaches of HSWA after the collapse of tunnels forming a new rail link to Heathrow Airport. The prosecutions followed extensive investigation and comprehensive reporting by the Health and...
Case | 30 Mar 1999
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Open for Business
...g line: 0871 777 8881 Buy online: environmental-management.workplacelaw.net Please quote reference 1843 when booking your places "None of the three main party manifestos contain sufficient employment law reform" finds law firm; and post-Election squeeze on pubic sector jobs predicted. 14 CASE LAW Balfour Beatty wins the first blacklist tribunal; and a Christian 24 CUT OUT OR KEEP? Workplace Law talks to members about the quantity of "It is highly likely that dismissal of an employee for being a member of the BNP, or any other extremist political organisation, will be found to be unfair in an Empl...
Magazine issue | 4 May 2010
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Sentencing proposals for corporate manslaughter published
...nd safety fine to date in the UK was £15m against Transco in 2005 for regulation breaches which led to the deaths of four members of a family in a gas explosion in Larkhall, South Lanarkshire, in December 1999. After the Hatfield train derailment, which claimed four lives in 2000, maintenance firm Balfour Beatty was fined £7.5m and Network Rail was handed a £3.5m penalty. Responses to the SAP's consultation paper can be submitted until 7 February. The panel will then hand its recommendations to the Sentencing Guidelines Council, chaired by Lord Chief Justice Lord Phillips, which will draw up final...
News | 22 Nov 2007
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Hatfield rail staff cleared of charges; Network Rail guilty
...hree days of deliberations by the jury, five rail managers and engineers have been found not guilty of the health and safety charges they faced following the Hatfield rail crash in October 2000. Network Rail itself was found guilty of the health and safety charges. Together with rail contractor Balfour Beatty, which had already pleaded guilty to a similar offence, Network Rail is expected to be sentenced next month. Expectations are high that both organisations may be given hefty fines, especially following the recent record £15m fine imposed on Transco for health and safety offences which led t...
Case | 7 Sep 2005
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Network Rail found guilty in Hatfield trial
Railtrack successor Network Rail has been found guilty of offences under the Health and Safety at Work Act 1974 after the jurors in the Hatfield rail crash trial reached a unanimous verdict today. Rail contractor Balfour Beatty had already admitted to a similar offence when the charge of corporate manslaughter against the firm was dropped earlier in the trial. The jury were also considering the culpability of five executives who worked for the two companies. Two Balfour Beatty managers - Civil Engineer Nicholas ...
News | 6 Sep 2005
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Rail crash report reveals vital piece of track missing
...rt into the Potters Bar crash found that poor maintenance led to the points failure which caused the derailment. Nuts were loose on the points, which meant the West Anglia Great Northern line train came off the tracks. In October 2005 Network Rail was fined £3.5 million and engineering company Balfour Beatty was fined £10 million following the 2000 Hatfield rail crash in which four people died and 102 people were injured. Five Balfour Beatty and Network Rail managers were cleared of manslaughter on the direction of the judge. Corporate manslaughter charges against Network Rail had been earlie...
News | 26 Feb 2007
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Contractors: are you watching them?
...sequent court case as "an accident waiting to happen", which occurred because of a cavalier approach to safety. The jury heard how a backlog of essential work had been allowed to accumulate and the cracked rail had been identified for repair 21 months earlier. In October 2005 the high court cleared Balfour Beatty and Network Rail bosses of corporate manslaughter, but fined Balfour Beatty £10m (subsequently reduced to £7.5m) and Network Rail £3.5m for breaches of the HSWA. "The underlying causes [of the rail failure] identified by the HSE investigation were that the maintenance contractor at the ti...
Magazine issue | 16 May 2007
