Fears for Health & Safety on Southern Rail – our lawyers write to the DfT

We have been inundated with reports of health and safety risks related to overcrowding on the Southern Rail network; problems that we have witnessed for many months, and have reached their peak during the strike action.

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Our lawyers have now written to the DfT seeking clarity on whether they have conducted any risk analysis in advance of the RMT strikes, and at what point the DfT will consider these risks to be seen to be sufficiently serious to warrant termination of the franchise. We seek to know what instructions (if any) the DfT have given GTR in minimising the effect on rail users during this time, and whether GTR’s implementation of these instructions is being properly monitored.

The witness reports of which we have informed the DfT include: incidents of violence at Brighton station, dangerous overcrowding and mass panic in crowds, mass rushes along overcrowded platforms to board trains in the case of last-minute announcements, a child left abandoned on a platform due to overcrowding, and illness and incapacity brought on in the vulnerable, pregnant, elderly and disabled.

Statement from the Association of British Commuters

“The Select Committee for Transport confirmed last week what ABC has been arguing for months – that the Department for Transport have failed to monitor and enforce the GTR franchise agreement, and are evading their responsibility to provide proper transparency.

In the meantime, with no confidence in GTR’s management of the network, or the DfT’s oversight; we feel that the extra overcrowding during the strikes represents an unacceptable health and safety risk to the public and fear that it is not a matter of ‘if’ but ‘when’ we will see a tragedy on the network.”

The Transport Select Committee’s report – released 14th October.

We highly recommend reading the full report, which backs up the arguments that the Association of British Commuters have been making for months. In regard to the Department for Transport’s responsibility to step in to resolve the ongoing failure of GTR and the industrial dispute with the RMT, please note the following; and be reminded that the GTR contract is not a typical franchise agreement, but a management contract.

Extract from paragraph 52:

Whilst the dispute can ultimately only be resolved through negotiation between GTR and the RMT, given the Department’s unusually direct involvement in the TSGN franchise it should take a greater degree of responsibility for fostering productive negotiations. We therefore urge the new Rail Minister and Secretary of State to engage more actively and substantively with the rail unions’ safety and workforce-related concerns in relation to the expansion of DOO on the TSGN franchise, as a matter of urgency.

Extract from paragraph 56:

We are concerned that no official impact assessment has been made of the potential effects of DOO on disabled people’s access to the railway. We recommend the DfT and the Association of Train Operating Companies (ATOC) jointly commission research into the potential effects of DOO on the “turn up and go” accessibility of the railway to disabled people who require assistance getting on and off trains. The Department should draw on this research to issue guidance to train operating companies on the measures that should be taken to mitigate potential detrimental effects on disabled people’s access. It should ensure that actions are taken to guarantee that disabled rail passengers receive the support to which they are entitled.

Extract from paragraph 82:

If GTR is in default, it is incumbent on the Department to take the franchise back in house and then to find one or more operators that can improve the situation. It is simply not credible for the DfT to continue to claim that “no other operator” could improve the situation; if it is the case, it is a consequence of the structuring of the franchise, for which the Department is ultimately accountable.

For the full report, click here.

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