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Sat October 31 2020

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Network Rail fine for worker deaths upheld by court

26 May 10 Network Rail has failed in a court appeal to reduce a £667,666 fine imposed after the deaths of two maintenance workers.

Network Rail has failed in a court appeal to reduce a £667,666 fine imposed after the deaths of two maintenance workers, reports the Lancashire Telegraph.

David Pennington, 45, from Burnley, and Martin Oates, 38, from Sheffield, were killed after being struck by a rail-mounted excavator on the Trent Valley Line in Staffordshire, on September 22, 2004.

The machine reversed into the two men at high speed while they were working on the track at around 4.30am.

Network Rail was fined, and ordered to pay £50,000 costs, for health and safety breaches at Stafford Crown Court in October last year.

Maintenance contractor Carillion Construction was fined £444,444 and ordered to pay a £50,000 costs bill.

Network Rail had argued that the fine was excessive, but Lord Justice Hooper refused the appeal, saying: "This is a case where the failures were significant and the consequences were the deaths of two workers.

"The sentence was severe but not so severe that we should reduce it on appeal."

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