Employer and job agency fined #325,000 after Clare man's death

A London court has fined a railway maintenance company and an employment agency a total of £325,000 in connection with the death…

A London court has fined a railway maintenance company and an employment agency a total of £325,000 in connection with the death of a 22-year-old Irishman who was hit by a train while working on the tracks four years ago.

Michael Mungovan, from Quilty, Co Clare, was killed instantly when he was struck by the train while working on the tracks without qualified supervision near Vauxhall station in south London on October 9th, 2000.

The Old Bailey in London was told that Mr Mungovan, who had been working on the railway part-time to fund his studies at London's Brunel University, was teamed with a worker who had been suspended from duties, and the rest of his colleagues were made up entirely of agency recruits due to staff shortages.

A criminal investigation was launched after Mr Mungovan's family blamed a lack of training for the tragedy and an inquest ruled he had been killed unlawfully.

READ MORE

Mr Mungovan had two days' safety training and had worked just a few shifts before his death. He had been given the post by employment agency McGinley Recruitment Services Ltd.

The agency was being used by sub-contractors Balfour Beatty to maintain the line for its owner, rail network operator Railtrack, said prosecutor Mr Richard Beyman.

"It is accepted by both companies (McGinley and Balfour Beatty) that following the incident that led to the death, an investigation exposed systematic and avoidable failures," Mr Beyman said.

"The failures on the part of McGinley are more substantial than that of Balfour Beatty," he added.

Sentencing, Judge Stephen Kramer QC said Mr Mungovan's death was the result of unsafe practices of work. "The sloppy way both defendants conducted themselves fell significantly short of the standard required," the judge added.

Both companies pleaded guilty to failing to ensure the student's safety under Health and Safety Regulations.

McGinley was fined £175,000 and ordered to pay £24,000 in costs. Balfour Beatty was fined £150,000 and ordered to pay just over £18,000 in costs.