Three rail workers are to face court action more than three years after two railway men were killed in an accident in Hednesford.

Martin Oates, aged 38, from Sheffield, and David Pennington, 46, from Burnley, were carrying out maintenance work when they were killed by a rail vehicle in September, 2004.

After an investigation by British Transport Police, three of their colleagues, who were also injured in the incident, have been charged with health and safety offences.

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

They are both also accused of failing to ensure the health and safety of themselves and their colleagues while at work.

A third man, Wayne Brigden, 27, of Hernal Croft, Birmingham, is also accused of health and safety breaches.

A contractor company, V G Clements, from Middlesex, who employed the men, is charged with failing to ensure the safety of its workers and the public.

London-based Network Rail and Carrillion Rail are also accused of health and safety breaches.

Mr Oates and Mr Pennington were working on the railway relaying sections of the track near Winchester Road, in Hednesford, at around 4.30am when the incident happened.

They were hit by a road rail vehicle, commonly used to reposition the rail as unloading and relaying of rail is taking place.

They were both pronounced dead at the scene.

All defendants will appear at Cannock Magistrates Court on February 7.