Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
Non-verbal communication
How to build trust
March/April 2023 issue

Main navigation

  • Home
    • Browse previous issues
    • Member accolades
    • Member tributes
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Achieving Fellowship
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Jobs
  • Covid-19
  • Knowledge Bank
    • Back to basics
    • Book club
    • Infographics
    • Podcast
    • Reports
    • Webinars
    • Videos
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
      • Achieving Fellowship
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Education
  • Sector: Communications and media
  • Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • News
Electricity
Rail

Rail freight terminal operator found guilty of negligence fined £6.5m over boy’s death

Open-access content Nick Warburton — Monday 2nd August 2021
From the archive:  Just so you know, this article is more than 1 year old.
ORR Prosecution DRIFT - image courtesy of Paul Smith

ORR Prosecution DRIFT - image courtesy of Paul Smith

The company that runs Daventry International Rail Freight Terminal in the Midlands must pay £6.5m after a court found it guilty of negligence over the death of an 11-year-old boy at the depot, near Rugby.

WH Malcolm, which was sentenced at Northampton Crown Court on Friday (30 July), failed to prevent Harrison Ballantyne from easily accessing the site in June 2017.

The 11-year-old had no problem entering the depot with his friends to retrieve a football and climb on top of a stationary freight wagon. Once atop the wagon, he received a fatal electric shock from the overhead line and was pronounced dead at the scene. 

The rail regulator, the Office of Rail and Road (ORR) charged the company with two offences – the first under the Health and Safety at Work Act and the second under the Management of Health and Safety at Work Regulations.

'This case serves as a reminder that should access to the railway not be properly controlled, serious events like this occur'

The ORR’s investigation found that WH Malcolm had not only failed to assess the risk of unauthorised access to the terminal, but had also failed to implement appropriate measures to prevent unauthorised access to a part of the site where there were frequent freight movements and overhead line equipment energised at 25,000 volts. 

During a trial that lasted three weeks, the court was told how the rail freight terminal operator routinely positioned freight wagons under the electrified lines for prolonged periods, despite the presence of a number of unelectrified sidings. 

Significantly, this meant that the high voltage cable above the freight wagons could be accessed by trespassers. 

In sentencing, Judge HHJ Lucking QC condemned WH Malcolm and said: ‘In contesting this trial, the defendant failed to take responsibility for a serious and obvious failing to allow public access to what is and was a dangerous environment.’

Ian Prosser, chief inspector of railways, said: ‘The railway industry has done some excellent work in preventing trespass and educating children about the risks, but this case serves as a reminder that should access to the railway not be properly controlled, serious events like this occur.’ 

Watch our video about Network Rail's award-winning rail safety campaign here.

You may also be interested in...

ORR report calls on Network Rail to improve worker safety credit_Edinburghcitymom_shutterstock_1177684528.png

 ORR report calls on Network Rail to improve worker safety

Tuesday 27th July 2021
The Office of Rail and Road’s (ORR) annual report of health and safety on Britain’s railways highlights worker safety as a top priority for Network Rail after the death of three rail employees, including two track workers.
Open-access content
Wood recycler fined £910 over delivery driver's fatal vehicle strike.jpg

 Wood recycler fined £910k over delivery driver’s fatal vehicle strike

Friday 30th July 2021
A wood recycling plant operator has been fined £910,000 after a self-employed lorry driver was struck by a wheeled shovel loader and died.
Open-access content
CSB safety video of fatal hydrogen sulphide incident released to improve US industry practices

 Safety video of fatal hydrogen sulphide incident released to improve US industry practices

Friday 6th August 2021
The US Chemical Safety Board (CSB) has released a new safety video to improve practices in the oil and gas sector following the Aghorn Operating waterflood station incident in 2019, which claimed the lives of an employee and his spouse.
Open-access content
HSE.png

 Roofer and scaffolder fined for fatal fall failed to install basic safeguards

Thursday 29th July 2021
A roofer and scaffolder who have been prosecuted over a fatal fall from the roof of a two-storey terraced house did not put simple preventative measures in place to avoid the incident.
Open-access content
EU-OSHA emphasises prevention measures to counter prolonged sitting risks_credit_LightField Studios_shutterstock_1424115872.jpg

 EU-OSHA's prevention measures to counter prolonged sitting risks

Wednesday 28th July 2021
A European Agency for Safety and Health at Work (EU-OSHA) report exploring the health risks associated with prolonged static sitting at work has outlined a range of measures that employers should include in a prevention strategy to enhance employee protection.
Open-access content
Wood working firm etc Image HSE.jpg

 Wood working firm and director failed to control asbestos risk

Monday 26th July 2021
A wood working company and its director have both been sentenced after failing to assess and control the risks associated with asbestos materials on the firm’s premises.
Open-access content
Topics
News
Electricity
Rail
Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

Health and Safety Improvement Manager

Leeds
£35000 - £50000 per annum
Reference
5452992

SHEQ Systems Advisor

Up to £40000.00 per annum + Car Allowance
Reference
5452988

Senior Health and Safety Manager

Reading
Up to £65000.00 per annum + Great Car Allowance & Benefits
Reference
5452983
See all jobs »

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

© 2023 IOSH • IOSH is not responsible for the content of external sites

ioshmagazine.com and IOSH Magazine are published by Redactive Media Group. All rights reserved. Reproduction of any part is not allowed without written permission.

Redactive Media Group Ltd, 71-75 Shelton Street, London WC2H 9JQ