Network Rail has been fined £3.41 million and ordered to pay costs of £43,096.39 after a rail worker was hit by a train and died at Surbiton.

At around 11.35am on 9 February 2021, a train travelling at 76 mph hit Tyler Byrne, a track worker from Hampshire, who was walking in a crossover line between two tracks.

Mr Byrne's role was controller of site safety, and he was one of the people who were carrying out track inspections at the station while trains were running in the area.

Network Rail has today (February 27) pleaded guilty to an offence under the Health and Safety at Work etc. Act 1974, which followed an investigation and prosecution by industry regulator the Office of Rail and Road (ORR).

The Rail Accident Investigation Branch said it was likely Mr Byrne, "who was carrying out inspections and was also responsible for the group's safe system of work, had become distracted and lost awareness of his position relative to the line the train approached on".

Unassisted lookouts were also used to try and prevent accidents.

A report made by the branch in May 2022 explained that this was "the least safe of system of work when working on track," but it had been used for years and was unchallenged before the accident.

It is said that the train driver sounded the train's warning horn twice during the train's approach but neither of the other two people working recalled hearing it.

ORR said: "There was no protection and an inadequate warning system in place, which exposed all members of the working party to the risk of being struck by a train in the course of their work."



Network Rail was today sentenced at Kingston Crown Court for a breach of the Health and Safety at Work Act etc 1974, relating to the incident at Surbiton on 9 February 2021 where Tyler Byrne tragically lost his life (Credit: Tilly O'Brien)

ORR had previously served Network Rail two Improvement Notices in July 2019, requiring it to implement, preventive and protective measures necessary to safeguard workers on or near the line.

Network Rail had plans to scrap unassisted lookout working but this had not yet led to changes at Surbiton Station.

Richard Hines, ORR's HM Chief Inspector of Railways, said: "Our deepest sympathies are with the family, friends and colleagues of Tyler Byrne.

"At just 30 years old, Tyler had a bright future ahead of him – I am sure that he would have gone on to achieve all his hopes and dreams with those who he loved the most.

"He, however, was sadly denied that opportunity. I am so sorry for the loss of his life.

"Our industry's track workers play a crucial role in delivering a safe railway for passengers and users of the system, often working in challenging and difficult conditions. It's essential that they are also protected from harm.

"In a period when we also remembered those who lost their lives at Margam in 2019, let us keep our focus on reducing the risks faced by our people." 

In response to today's sentencing, Ellie Burrows, managing director, Southern Region for Network Rail, said: "The tragic death of our colleague, Tyler Byrne, should never have happened on our railway.

"Our thoughts continue to be with Tyler's loved ones, family, friends and colleagues.

"We accept today's judgment and are deeply sorry for what happened. Any life lost on the railway is one too many and since this tragic event we've continued to take significant steps to improve safety."

She continued: "Our Track Worker Safety programme has almost entirely eliminated the need for colleagues working on the railway when trains are running.

"We have done this by carrying out maintenance work at different times, using alternative technology and we continue to examine our planned work to keep our colleagues safe.

"Today's judgment is a sobering reminder of why safety must remain at the very forefront of our minds.

"Tyler's death will never be forgotten, and we will continue to strive to ensure something like this never happens again."

Network Rail's states that "safety is Network Rail's first consideration and significant investment has been made in making the railway the safest it can be."

It suggests that over the last five years, Network Rail has sought to do all it can to transform the safety of track workers on our railway.

Network Rail writes: "We have invested a total of more than £300 million to deliver an unprecedented level of reform to working practices, which has almost entirely eliminated unassisted lookout working from our railway, significantly reducing the number of near misses for track workers.

"Our investment programme, which was focused on removing unassisted lookout working, included a complete review of thousands of maintenance tasks, development of new technology and working systems, such as the creation of an easy-to-navigate system to aid planning and delivery of work on or near the line, as well as enhanced training and safer access for track workers.

"The most recent independent international data shows the UK has the safest railway in the world. During the last year we have achieved the railway's lowest ever workforce accident rate.

"But the tragic incident at Surbiton and the loss of our colleague Tyler Byrne serves as a stark reminder to us all that safety must always be our first consideration, and we are continually looking for ways to make the railway the safest it can be."