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Posted By Ian Minty
I attach below an e-mail from the TUC about the Paddington Rail Crash, I thought that it may be of interest to all.
TUC slams Thames Trains for 'abdicating responsibility for safety on the railways'
Responding to Thames Trains’ announcement (Wednesday) that they would be suing the Health and Safety Executive (HSE) for failing to stop the breaches of safety law that caused the Paddington rail disaster, the TUC has branded the company’s legal action 'wasteful and irresponsible'.
TUC General Secretary John Monks writes in this week’s edition of Risks, the TUC online health and safety bulletin (issued at 00.01 hrs, Saturday morning):
'By suing the HSE for not stopping them breaking the law, Thames Trains are abdicating their responsibility for safety on the railways.
'Thames Trains ought to put their efforts into making sure the travelling public and railway workers are safe, not spend their time and money trying to find others to blame for their own lamentable record.'
The TUC has written to the Chief Executive of the Go-Ahead Group, which owns Thames Trains, Martin Ballinger, asking him to drop the 'wasteful and irresponsible' legal action against the HSE.
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Posted By Robert K Lewis
Any information on the original Thames train announcement?
Bob
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Posted By Ian Minty
Sorry Robert, that's alll the info that I've got.
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Posted By William O'Donnell
Hi Ian,
I was wondering, do you agree or disagree with the staement from the TUC.
One argument might well be that the company is attempting to shift the responsibility for its actions, or lack of actions, to the HSE.
However there may also be an argument that the HSE failed in there duty to protect people from irresponsible companies, by effective enforcement. I would be interested in knowing yours, and other discussion forum readers, view on this.
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Posted By PatrickT
I at a loss for words, not.
If only Thames Trains had attempted to sue the HSE prior to this needless tragedy, how many lives could have been saved, by passengers having this information and making an informed decision not to use this Rail Operator?
How has Thames Trains share price fared since this announcement?
Must do wonders for the shareholders/employess pension funds and insurance costs, to be part of a company whom have put their hands up to running an unsafe service (surely that admits Liability)and have the afront to take on the HSE because of their lack of enforcement, to already known hazards.
I think it is Crass from start to finish and hope that they are most severly dealt with by the Justice system.
Something good must come out of this tragedy ie an improvement in safety for the travelling public and safer working conditions for Rail Workers.
Regards
PatrickT
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Posted By peter gotch
Think the argument is that if HSE should have taken a harder line on multiple SPADs at specific locations eg Signal 109.
The case would need to show that HSE knew about 109's history, or should have known, and that the Inspectors could not reasonably have taken the decision not to take enforcement action.
Previous case law has come up with somewhat contrary conclusions in relation to whether or not enforcing authorities can be held liable.
P
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Posted By Merv Newman
Either the managers of TT are totally arrogant and detached from the real world or this is the last wriggle from a dying worm.
We know that HSE is not omnipresent or omnipotent - if this action fails will TT sue tony blair, or john prescott for not giving HSE the powers/resources needed to adequatly prosecute them (TT) out of business ?
Merv Newman
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Posted By John Webster
Although Thames Trains were criticised in respect of their driver training, the main cause of the accident lay with Railtrack, who failed to deal with problems surrounding the sighting of signal 109.
Is it not for failing to enforce action on Railtrack that Thames Trains are suing HSE?
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Posted By Robert K Lewis
I have to go back to my first comment - I can find no newspaper report in the Times of the announcement referred to by the TUC. Without that we are all blowing in the wind as we only have a selective quote to go on. The last contributor may well be right but can anyone pinpoint the actual announcement.
Bob
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