Two companies have been prosecuted after a painter fell through a ceiling while working at a railway station in Croydon.

BAM Nuttall and McNealy Brown were fined £900,000 and £65,000 respectively after admitting charges under S.3(1) of the Health and Safety at Work etc. Act 1974 at Croydon Crown Court last week.

The court heard how the two companies were selected by Network Rail to carry out a £12 million contract to replace station floor surfaces, canopy roofs and cladding at East Croydon railway station.

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.


Paul Welstead (31) and a colleague were given a site induction when they arrived for work on 18 December. However, 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 07 January following the Christmas and New Year holiday, Mr Welstead and his colleague were not given another safety briefing, nor were they warned about fragile roofs, and at 9.40am he fell around 10 feet through the unguarded suspended ceiling into the waiting room below.

Mr Welstead suffered severe ligament damage and has been unable to return to work as an industrial painter since the incident.

Johnny Schute, Deputy Director, Policy, Strategy and Planning, 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."

(LM/MH)