ORR Action – Structural Assessment Non-Compliance & Vegetation Encroachment

Our ref: HSR

Head Office Circular: NP/094/25

29^th May 2025

To: The Secretary

ALL BRANCHES

REGIONAL COUNCILS

 

Dear Colleague

 

ORR ACTION – STRUCTURAL ASSESSMENT NON-COMPLIANCE & VEGETATION ENCROACHMENT

 

On 17^th May 2025, I received two pieces of correspondence from the Office of Rail and Road (ORR) informing the union of action that the ORR has recently taken against Network Rail on the topics of structural assessment non-compliance and vegetation encroachment, which I reproduce in full below:

 

STRUCTURES EXAMINATION AND ASSESSMENT NON-COMPLIANCE 

 

I am writing to inform you that the ORR has written to Network Rail in relation to the above stated circumstances. We have required them to take action and informed them that formal enforcement may be taken if the matters identified are not resolved in a timely manner. 

 

Specifically, the matter concerns the significant level of structural assessment non-compliance affecting Network Rail’s operational property and structures assets. Failure to carry out structural assessments and record structural capacity could lead to an asset carrying a load that exceeds its structural capability, thereby increasing the risk of structural failure. 

 

Information provided to ORR by Network Rail in September 2024 indicated that a total of 4,508 assets nationally did not have up-to-date structural assessments. Of that number, a total of 777 (including structures and operational property assets) were stated to have no recorded structural capacity at all. This could mean that current or future loading for these structures exceeds that for which they are structurally capable. 

 

We have therefore asked them to provide a detailed plan showing how assessments for all assets without any recorded capacity will be completed by 28th February 2026. In addition, we have asked for evidence of progress towards completion of risk assessments for all non-compliant assets by 30th April 2025. This is to ensure that any risks that may exist in the interim are identified and mitigated as appropriate. 

 

Network Rail have responded positively to the letter and are taking action towards complying with our requirements. We have informed them that failure to deliver the required improvements may lead to further enforcement action in the future. 

 

 

Under Section 28(8) of the Health and Safety at Work etc Act 1974, ORR is obliged to keep employees (or their representatives) adequately informed about matters affecting their health, safety and welfare and provide them with factual information about those matters and the actions taken by ORR in response to those matters, hence this letter. Please note we are also legally obliged to send a copy of this letter to your employer for their information (which will be sent to Martin Frobisher, Group Safety and Infrastructure Director). 

 

 

VEGETATION MANAGEMENT 

 

I am writing to inform you that the ORR has written to Network Rail in relation to the above stated circumstances. We have required them to take action and informed them that formal enforcement may be taken if the matters identified are not resolved in a timely manner. 

 

Specifically, the matter concerns a significant level of vegetation encroachment inspections which have been categorised as ‘No Answer Provided’. A failure to carry out vegetation condition inspections, and to take the follow up actions that stem from these inspections, presents an operational and safety risk of trains striking vegetation and poses a danger to employees working on the line. In addition, the lack of a complete data set or inspection findings could affect the decisions and judgement required for maintenance, including the effectiveness of the works delivered. 

 

Information provided to ORR by Network Rail in February 2025 indicated that nationally 27% of the vegetation condition scoring held by Network Rail is categorised as ‘No Answer Provided’. 

 

We have therefore asked them to provide a detailed timebound plan of the actions required to close the existing condition gaps within their management systems. In addition, we have asked for evidence of progress towards completion of the actions required against the plan and for regional assurance to be implemented to address underlying causes to ensure improvement in long term data quality. This is to ensure that any risks that may exist in the interim are identified and mitigated as appropriate. 

 

Network Rail have responded positively to the letter and are taking positive action towards delivering our requirements. We have informed them that failure to deliver the required improvements may lead to further enforcement action. 

 

Under Section 28(8) of the Health and Safety at Work etc Act 1974, ORR is obliged to keep employees (or their representatives) adequately informed about matters affecting their health, safety and welfare and provide them with factual information about those matters and the actions taken by ORR in response to those matters, hence this letter. Please note we are also legally obliged to send a copy of this letter to your employer for their information.

 

 

At its meeting on 27^th May, your National Executive Committee noted and adopted the following report from its health and safety subcommittee:

 

We note the correspondence on file from the ORR to Network Rail. 

 

The General Secretary is instructed to share this information with members and also to raise this matter at a forthcoming meeting of the Network Rail National Safety Council, before placing the matter back before this NEC.

 

Branches and Regional Councils to be advised.

 

            I am acting in line with these instructions. Please bring this circular to the attention of all relevant members.

 

Yours sincerely

 

Eddie Dempsey

General Secretary