Charges filed against Queensland Rail after fatal train collision at Westwood

Charges have been filed against Queensland Rail almost two years after a train collision west of Rockhampton claimed a man’s life.

Three charges have been filed against Queensland Rail following investigations into a fatal train collision west of Rockhampton that claimed the life of Brisbane region father Chris O’Brien.

The charges,relating to alleged safety failures, come following investigations into the train crash at Westwood in June 2021 that killed train driver Mr O’Brien, a husband and father from Margate.

Two other rail safety workers were also injured.

The charges were filed by the Office of the National Rail Safety Regulator.

According to a preliminary report that was released by the Australian Transport Safety Bureau Mr O’Brien and two other men were inside the locomotive on an educational trip from Rockhampton to Bluff and then back again.

Margate man, Chris O'Brien is being remembered as a great dad and husband. He was tragically killed in a train incident near Rockhampton on June 18, 2020. Photo: Facebook

The report said Mr O’Brien had been qualified for about four months and the co-driver for six.

The tutor had nine years of experience with another company and three with QR and had qualified for the instructor position five years prior.

The ATSB preliminary report said the locomotive, which was travelling along the Aurizon-managed Blackwater system, was long end leading, or operated in reverse.

The configuration is used for manoeuvres such as turning around or shunting wagons, and obstructs “a significant amount of the forward view.

The driver of a train is responsible for his locomotive’s speed and for observing and obeying signals, and the co-driver helps him by observing, announcing, and confirming those same signals.

When long end leading, the ATSB says, the importance of co-drivers’ aid is heightened, and because their seats are rotated to face the opposite direction, they can “no longer reliably operate the emergency brake without moving from their seat”.

On the day of the crash, one of the two tracks on the line was closed for maintenance and all rail traffic had to travel on the same line and use a passing loop at Westwood so trains could travel in both directions.

According to the ATSB report an Aurizon coal train, was in the passing loop, intending on continuing west to Ensham Mine once it had the go-ahead.

RACQ CapRescue airlifted one male patient in his mid-40's suffering suspected fractures to their leg and arm, in addition to a head and possible spinal injuries after the train collision at Westwood.

A network control officer planned for the Bluff-bound light engine to enter the loop afterwards.

A yellow caution signal would be shown to the engine’s three occupants some distance before the loop, followed by a red stop signal further on, where the QR light engine would wait for the Aurizon coal train to move along.

The collision between the two trains happened about 11.25am.

ONRSR will allege QR failed to comply with its safety duties as an accredited rail transport operator under Rail Safety National Law.

Emergency services at the scene of a train collision at Westwood, west of Rockhampton, on June 18, 2021.

A spokesman for ONRSR said the matter was 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.”

Under Rail Safety National Law the maximum penalty applicable to a rail transport operator for breaches of this nature are $1.5m per offence.

“As the matter is now before the court, ONRSR will not be making any further comment at this time,” the spokesman said.

In a statement Queensland Rail said the company remained “deeply saddened” by the incident and the loss of a colleague, and they were continuing to support Mr O’Brien’s family and the families of the injured workers.

The statement said the company would not be contesting the prosecution and would work “proactively” with the National Rail Safety Regulator to “resolve the matter promptly”.

“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,” the statement says.

“Since the incident, Queensland Rail has implemented a comprehensive program to improve safety on the network, including permanently codifying long-end leading restrictions into our Safety and Environment Management System for all operators on the QR Network, and Signals Passed at Danger (SPAD) 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.”

The matter is expected to be mentioned in a Brisbane court in mid-June.