Freight depot operator found guilty after 11-year-old boy dies

WH Malcolm was found guilty of a breach of the Health and Safety at Work Act following the death of an 11-year-old boy.

A freight depot operator has been found guilty of failing to prevent unauthorised access to a major rail freight terminal after an 11-year-old boy died.

WH Malcom, which runs Daventry International Rail Freight Terminal (DIRFT) was found guilty by a jury at Daventry Crown Court following a prosecution brought by the rail regulator, the Office of Rail and Road.

Harrison Ballantyne died in June 2017 when he gained access to the depot with his friends and was able to climb on top of a stationary freight wagon, where he received an electric shock from the overhead line. He was pronounced dead at the scene despite efforts from paramedics.

WH Malcolm operates freight services from DIRFT at Daventry, Northamptonshire.

The trial, which lasted three weeks, heard how ORR’s investigation found WH Malcom had not only failed to assess the risk of unauthorised access to the terminal, but 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.

The court also heard how WH Malcom was routinely placing freight wagons under the electrified lines, enabling access to be gained in the vicinity of the high voltage cable, which would otherwise not have been accessible.

Following the incident, ORR inspectors attended site and issued WH Malcolm with an improvement notice requiring them to take steps to improve the boundary fence. The company complied with this notice within the deadline that ORR agreed, with new fencing installed.

Ian Prosser, ORR.

Ian Prosser, Chief Inspector of Railways said: “The rail industry knows the dangers of the railway and must do what it can to prevent unauthorised access and in this case, WH Malcom Ltd didn’t. The company failed to manage the risks and prevent unauthorised access, and its approach to the management of risks had fallen far short of the standard that we expect from duty holders. This was an entirely avoidable tragedy.

“It should act as a reminder that we must do more to tackle trespass, despite the good work that has been done to educate children.”

The company will be sentenced on 30 July 2021.

1 Comment on "Freight depot operator found guilty after 11-year-old boy dies"

  1. First of all my condolences to the family but this should be taught at school what electricity can do when you earth your self out railways are a very safe form of transport its a shame this happens

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