Ginsters owner Samworth Brothers has been fined £1.28m after an employee was killed by a lorry delivering supplies to its pasty manufacturing site in Callington, Cornwall.
Paul Clarke was fatally crushed on 2 December 2021 after being struck by the vehicle as it reversed into a loading bay at The Cornwall Bakery. He was taken via helicopter to Derriford Hospital, where he later lost his life.
The 40-year-old, who had recently joined the bakery as an intake operator, had been moving strip curtains in the loading bay at the time of the incident.
A Health and Safety Executive (HSE) investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains and that there was no safe system of work to move them out of the way when the lorries reversed into the loading bay. The strip curtains had been installed in place of a faulty roller door.
The site staff had not been provided with training or instructions to move the curtains and had devised their own methods, which included standing in the yard behind reversing vehicles, according to HSE. Clarke was new to the role and was working his first lone shift, the investigation found, adding that management failings had not picked up the additional risks associated with this task.
Samworth Brothers Limited, of Samworth Way, Melton Mowbray, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.28m and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November 2024.
In a statement Samworth Brothers said it was “deeply shocked and saddened by the vehicle-related accident” that resulted in the death of Paul Clarke.
“The Cornwall Bakery is a strong community of friends and colleagues. Paul was such a positive influence on everyone that knew him and a much-loved and respected member of our team,” it added.
“Health and safety is our highest priority and it is vital to learn from such events. After the incident we immediately launched an extensive internal review to fully understand what had happened and several changes were implemented immediately in order to further improve upon our health and safety systems and processes. We have fully co-operated with the Health and Safety Executive throughout this investigation.”
HSE inspector Aimie Baker noted that workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 recorded fatalities in in 2023/24 alone.
“Employers should plan their workplace to reduce contact between pedestrians and vehicles,” Baker said. “Their risk assessment should consider workplace transport activities, including loading and unloading, and ensure that pedestrians are safe from the risks associated with vehicle movements where they interact. The management arrangements further require employers to monitor and review their measures as appropriate for the risks.”
HSE guidance on workplace transport safety can be found on its website.
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