Great Western Railway (GWR) has been fined £1 million and ordered to pay more than £78,000 in costs following a fatal incident in Bath in 2018.
Bethan Roper died after being struck on the head by a branch
28-year-old Bethan Roper was hit on the head by a tree branch while leaning out of a carriage window near Twerton on Saturday 1st December 2018.
The train, a Great Western Railway service from London Paddington to Exeter St David’s, was travelling at approximately 75 mph at the time of the impact.
Ms Roper sustained significant head injuries, and despite the best efforts from staff and passengers with “extensive medical qualifications and experience”, she was later pronounced dead at Bristol Temple Meads station.
GWR pleaded guilty to breaches of health and safety law, following an investigation and prosecution by the Office of Rail and Road (ORR).
Ms Roper placed her head outside a droplight window of the GWR train, which was struck by a tree branch. Droplight windows, found on trains with slam doors, can be lowered to open.
A photograph of the scene before the accident, showing the tree branch involved | Photo © RAIB / Network Rail
In 2016, a passenger died in a similar incident near Balham, south London. Following that accident, the Rail Accident Investigation Branch (RAIB) issued safety recommendations in May 2017.
Although GWR was already aware of a number of previous incidents, the company did not produce a written risk assessment for droplight windows until September 2017.
That assessment identified the hazard as one of the most significant passenger safety risks.
However, ORR later found the assessment to be neither suitable nor sufficient and wrote to GWR to highlight its shortcomings. The assessment was not revised in light of ORR’s concerns, and the actions GWR had identified to reduce the risk were not implemented before the fatal accident in 2018.
Following Ms Roper’s death, further safety recommendations were issued across the rail industry, to prevent passengers from leaning out of droplight windows.
The warning sign on the door of the carriage | Photo © RAIB / Office of Rail and Road
As a result of these measures, all rolling stock operated by train companies that had droplight windows has since either been withdrawn from service or fitted with engineering controls to prevent windows being opened while trains are moving.
Richard Hines, ORR’s Chief Inspector of Railways, said: “Our thoughts remain with the family and friends of Bethan Roper.
“Her death was a preventable tragedy that highlights the need for train operators to proactively manage risks and act swiftly when safety recommendations are made to keep their passengers safe.
“Our investigation found that GWR fell short in its responsibilities, and this prosecution reflects the serious consequences of that failure.
“We welcome the actions taken since by GWR and the wider industry to reduce the risks. Safety must always remain the first priority across Britain’s railways.”
The Office of Rail and Road (ORR) is the independent economic and safety regulator for Britain’s railways, and monitor of performance and efficiency for England’s strategic road network.
First Greater Western Ltd was issued a fine of £1 million. It was also ordered to pay ORR’s full costs of £78,444.19 and victim surcharge of £175.
