Ginsters’ owner fined £1.28m for truck death

The owner of Ginsters has been handed a £1.28 million fine after an employee was killed by a lorry delivering supplies to its bakery.

The vehicle fatally crushed Paul Clarke as it reversed into a loading bay at The Cornwall Bakery, Callington, operated by Samworth Brothers.

He was taken via helicopter to Derriford Hospital, where he later lost his life.

The 40-year-old, who worked as an intake operator at the bakery, had been moving strip curtains in the loading bay before being struck by the lorry on December 2, 2021.

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.

Management failings had not picked up the additional risks associated with this task. HSE guidance can be found at: Introduction to workplace transport safety – HSE. 

Clarke was new to the role and was working his first lone shift.

His mother, Bernice, said in a statement: “Paul was a family man and loved big family holidays, which will never be the same without him.”

Samworth Brothers, 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 this month (November 2024).

HSE inspector Aimie Baker said: “Workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 such recorded fatalities in 2023/24.

“Employers should plan their workplace to reduce contact between pedestrians and vehicles.

“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.”

The HSE prosecution was brought by HSE enforcement lawyers Daniel Poole and Kate Harney, who were supported by HSE paralegal officer Imogen Isaac and HSE litigation officer Helen Vigus.