Coroner prompts safety rethink

A law overhauling railway safety may get even tougher after Wellington coroner Garry Evans said the standard of care it would require was too low.

Transport Minister Pete Hodgson has asked officials to report to him by Tuesday on Mr Evans' findings, included his report into the death of a Wellington teenager on a railway crossing almost two years ago.

Mr Hodgson said Mr Evans' exact recommendations might not be adopted.

But important safety concerns had been raised by the coroner, including making it clear who should pay for ensuring that track crossings were safe.

The Railways Bill was introduced into Parliament last year, three years after an inquiry into safety issues raised by the deaths of five Tranz Rail workers.

It outlines a new regime for assessing and enforcing railways safety, and provides for $100,000 fines for safety breaches.

But in declaring preventable the death of Michael Turner, who walked in front of a train at Silverstream even though warning systems were working, Mr Evans said the law should be even tighter.

He recommended that railway operators and workers be made liable for actions that they ought reasonably to know "may" cause injury or death.

Mr Evans said that if rail service operators and controlling authorities had safety obligations to their employees, should they not have the same obligations to the public?

He also asked if the law should leave it up to those companies and authorities to decide what safety steps should be taken.

Mr Hodgson met transport officials yesterday to review the proposed law.

He said the wording changes proposed by Mr Evans were being considered, but "that's a long way from saying we're going to do it".

"I'm not yet satisfied we've got the bill right, and the coroner's inquiry has been helpful."

A law discussing what "may" cause death or injury could be too difficult to enforce, but other wording changes concerning responsibilities were being reviewed.

Mr Hodgson said the coroner had been helpful in pointing out "pass the parcel" issues over who pays for safety.

He said he wanted the law passed by the end of next month.