Two contractors have been fined a total of £965,000 after a painter suffered severe ligament damage when he fell three metres through a railway station ceiling and into the waiting room below.
Paul Welstead, who was 31 at the time of the accident at East Croydon station on 7 January 2015, has been unable to return to work as an industrial painter.
Bam Nuttall and McNealy Brown were fined £900,000 and £65,000 respectively after they admitted failing to put proper procedures and safeguards in place to prevent the accident.
The companies were fined at Croydon Crown Court on 18 April after admitting charges under S.3(1) of the Health and Safety at Work etc. Act 1974 in a prosecution brought by the Office of Rail and Road (ORR).
The Court heard that the two firms had agreed a £12m contract with Network Rail to replace station floor surfaces, canopy roofs and cladding.
BAM Nuttall started work in January 2014 and later that year a third company, DRH, was asked by the existing contractors to supply industrial painters to undertake specialist tasks.
Welstead and a colleague were given a site induction when they arrived for work on 18 December, but they were not briefed on the risk assessment, which required work over the platforms to be undertaken at night, for workers to wear full body harnesses and for the waiting room below to be locked.
Returning to work on 7 January following the Christmas and New Year holiday, Welstead and his colleague were not given another safety briefing, nor were they warned about fragile roofs, and at 9.40am he fell through the unguarded suspended ceiling into the waiting room below.
Johnny Schute, deputy director, policy, strategy and planning at the ORR said: "The fines handed out today send a powerful message to the industry that the safety of workers on the railways is absolutely paramount, and proper risk assessments and briefings must be carried out and followed.
"The ORR is committed to protecting the safety of workers and passengers and will not hesitate to take enforcement action when and where it is necessary."
Costs of £7,157 were also awarded.
A spokesperson for BAM Nuttall said: ""We confirm that BAM Nuttall ltd has been fined £900,000 at East Croydon Crown Court after a supplier’s employee was injured in 2015.
"BAM Nuttall would like to restate its profound regret that this incident occurred.
"BAM Nuttall has always invested heavily in health and safety and remains fully committed to achieving the highest standards.
"BAM Nuttall continues to strive for a safe working environment for everyone involved in its operations"
McNealy Brown has also been contacted for comment.
