The Department for Transport acknowledges the coroner's concerns but states it has limited power to intervene and that the Office of Rail and Road and London Underground Limited are responsible. It notes that London Underground Limited has reached an agreement with its contractors and will provide details to the coroner. (AI summary)
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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS: MR CHRISTIAN KWAME TUVI,
Thank you for your Report dated Monday 10 July 2023, following the inquest into the tragic death of Mr Tuvi at Waterloo Underground Station on 18 September 2019. I note that you consider there is an unresolved matter relating to the provision of training and assessment of competence to operate travellators safely during cleaning, which you have raised with me and with the Chief Executive of the Office of Rail and Road, as you consider that this may need political and regulatory enforcement to address.
I am responding to you in accordance with the Coroners (Investigations) Regulations 2013.
As you will be aware, my Department has limited powers to intervene formally in transport safety matters, which are the responsibility of the Office of Rail and Road in its capacity as the independent Rail Safety Regulator. Furthermore, my Department does not have powers to intervene in London Underground Limited’s day-to-day operations or processes, for which it is separately accountable to the London Mayor as a subsidiary of TfL.
Nonetheless, I asked my officials to investigate this matter and to report to me. My officials have spoken to the Office of Rail and Road safety inspectors, who have been in regular contact with London Underground Limited throughout their investigation.
From the Secretary of State The Rt Hon Mark Harper MP
Great Minster House 33 Horseferry Road London SW1P 4DR
I understand that London Underground Limited has now reached agreement with its contractors over where permanent responsibility should lie for operating its escalators during maintenance and cleaning and is in the process of agreeing safe systems of work before work resumes. The Office of Rail and Road has confirmed that it is satisfied that this will be a safe and effective solution to the specific concerns you raise in your Report. I am assured that London Underground Limited intends to write to you very shortly with details of the arrangements it has agreed with its contractors to ensure that these concerns are fully resolved.
Thank you once again for taking the time to raise this important matter with me, and I trust that my officials have been able to assist in ensuring a satisfactory and permanent resolution.
I am copying this letter to in the Office of Rail and Road.