THREE railway workers and three train contractors and operators are set to appear before magistrates in relation to the death of a Burnley grandfather four years ago.

Rail worker David Pennington, 46, was killed, along with colleague Martin Oates, 38, while undertaking maintenance work at Cannock, Staffordshire, in September 2004.

An investigation was launched by British Transport Police after they were struck by a maintenance train, after disembarking from an engineering carriage on an adjacent line.

Father-of-five Mr Pennington, of Cog Lane, Burnley was married to Carol and had three grandchildren.

His death prompted calls by the Rail Maritime and Transport Union to return all maintenance operations on the tracks to be transferred back to in-house' staff.

Three of their other colleagues, who were injured in the same incident, have been charged with health and safety offences and are set to appear before Stafford magistrates on June 12.

John Brady, 43, of Chaucer Grove, Birmingham and David Jones, 46, of Parkfield Crescent, Swadlincote, have been charged with endangering the public by a wilful omission, neglect or improper use of a rail vehicle.

The pair are also each accused of failing to ensure the health and safety of themselves and their colleagues while at work.

Co-defendant Wayne Brigden, 27, of Hernal Croft, Birmingham, is also accused of health and safety breaches.

Contractors V G Clements, based in Middlesex, which employed the men, has been charged with failing to ensure the safety of its workers and the public.

Network Rail and Carrillion Rail, the firms responsible for the maintenance works, are also accused of health and safety breaches.

The incident occurred while Mr Pennington, Mr Oates and their fellow workers were relaying sections of track in the Hednesford area.