Network Rail fined £1.2m over Eastleigh depot worker's death

The organisation, which operates 20,000 miles of railway line across the UK, was fined £1.2m at Southampton Magistrates' Court today. 

It was prosecuted for health and safety failings in the death of 53-year-old rail loading operative Kevin Mauger, who was carrying out an unplanned deep clean of a welding machine at the Eastleigh depot.

Mr Mauger suffered crush injuries from being struck by a length of track and despite the efforts of paramedics, died at the depot.

The machine’s conveyor system was on the wrong setting and that meant a section of rail track entered the machine while Kevin was inside.

READ MORE: Network Rail admits safety failing over Eastleigh depot worker's death

In a statement from Mr Mauger's wife, Rachael Mauger, she said: "The whole of our family has been terribly affected by Kevin's death. 

"Kevin was the core of our family. He would always do jobs for our children, help solve their problems and was the one they turned to for everything and his death has left a hole that can never be filled."

His son, Ricky Mauger, said in a statement: "Because my father was taken from us, the dynamic of the entire family has changed. 

"He was the heartbeat of the family unit, the shoulder to cry on, the rock, the handyman and everything that anyone could have hoped for."

Train depot worker Kevin Mauger (Image: HSE)

The judge said: "Cases of this kind and type quite rightly and understandably give rise to emotions and deep feelings on the part of the family of the deceased in particular but also work colleagues of the deceased, the organisations for who he worked and others associated with the case. 

"There is nothing that this court can do or say that will ever repair the devastation that has been caused to the family."

READ MORE: Police drop Eastleigh railway depot death investigation

Passing sentence, District Judge Anthony Callaway said isolators on the welding machine were not labelled, leading to potential confusion as to their function. 

He also found that there was no written guidance for staff as to what equipment should or should not be isolated, and that the practice for securing the electrical isolation of the machine was not in line with health and safety guidance.

Network Rail Infrastructure Ltd pleaded guilty to a single charge of failing to discharge a general health, safety and welfare duty to an employee.

At a previous hearing, Prashant Popat KC, said the organisation "apologises fully and unreservedly for Network Rail's breach of duty".

He added that the company takes safety "very seriously" and has health and safety procedures in place. 

But Judge Callaway found that "systems were in place but these were not sufficiently adhered to or implemented". 

Network Rail was also ordered to pay court costs of £11,410.38 and a £190 surcharge. 

It must pay the full amount within 28 days.