A railway operator has been fined £1 million following fatal droplight window incident

A railway operator pleaded guilty to s.3(1) of the Health and Safety at Work Act 1974 and to a breach of Regulation 19(1) of The Railways and Other Guided Transport Systems (Safety) Regulations 2006 after an individual suffered a fatal head injury. The person placed their head outside a droplight window of a moving train which struck a tree branch.

Droplight windows found on trains with slam doors can be lowered open and pose the risk of injury. Since the incident, the Rail Accident Investigation Branch (RAIB) investigated and issued safety recommendations.

Although the train operator was aware of the number of previous incidents, the company did not produce a written risk assessment for droplight windows until September 2017. The assessment identified the hazard as one of the most significant passenger safety risks.

As a result, all rolling stock operated by train companies with droplight windows have either been withdrawn from service or fitted with engineering controls to prevent windows being opened whilst the train is moving.

By producing a written risk assessment, businesses can identify potential dangers and look to implement measures to mitigate the risk of harm.