Queensland Rail has been charged with safety breaches after an investigation into a fatal train crash two years ago.
Chris O’Brien, from Margate, north of Brisbane, was killed when the locomotive he was driving during a training session collided with a coal train at Westwood, near Rockhampton in far north Queensland on June 18, 2021.
Two other rail safety workers were also injured in the crash.
The Office of the National Rail Safety Regulator (ONRSR) has filed three charges against Queensland Rail following an investigation into the fatal train crash.
It faces fines totalling up to $4.5million for the alleged offences.
The Australian Transport Safety Bureau published its preliminary findings into its investigation in September 2021, where it analysed all recorded data from the locomotive’s engine data logger and other sources.
Margate man Chris O’Brien (pictured) was killed in a train incident near Rockhampton in 2021
The report found the Queensland Rail locomotive, which was being used for driver tuition at the time, was travelling westbound and being operated in reverse.
The Aurizon-operated coal train was stationary at the Westwood loop, about 45.05km from Rockhampton, when the locomotive struck it at 11.26am.
‘The light engine (locomotive) and five wagons of the coal train were significantly damaged,’ the report stated.
‘Of the light engine’s three occupants, one sustained minor injuries, one was seriously injured and one was fatally injured.
‘The two drivers of the coal train were uninjured.’
The report said Mr O’Brien had been qualified for about four months and his co-driver was qualified for six months.
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Their tutor, who was the third person on-board, had nine years’ experience with another company and three with Queensland Rail and had worked as a qualified instructor for five years.
ONRSR will allege Queensland Rail failed to comply with its safety duties as an accredited rail transport operator under Rail Safety National Law (RNSL).
‘The matter is being pursued in the interests of rail safety as part of our role to enforce compliance with the RSNL, and in the public interest to provide for the safe carrying out of railway operations and promoting public confidence in rail operations,’ ONRSR said.
Under Rail Safety National Law the maximum penalty applicable to a rail transport operator for breaches of this kind is $1.5 million per offence.
The matter is expected to be mentioned in a Brisbane court in June.
Emergency crews were called to the train collision at Westwood in June 2021 (pictured)
A spokesman for Queensland Rail said they ‘remain deeply saddened’ by this incident and the loss of a colleague.
‘We continue to support the family of the deceased as well as the other two drivers and their families,’ said the spokesman. ‘At Queensland Rail safety is paramount.
‘We remain committed to operate a safe railway and to learn from this incident and do all that we can to prevent it from happening again – we want to ensure that when our people come to work, they work safe and go home safe.’
She said Queensland Rail has implemented a comprehensive program to improve safety on the network since the incident, including ‘restrictions into our Safety and Environment Management System for all operators on the QR Network, and Signals Passed at Danger prevention activities.
‘We have worked cooperatively with the National Rail Safety Regulator and other authorities to improve rail safety and will continue to do so.’
Queensland Rail said they will not contest the prosecution.
