Ginsters owner fined £1.28m after man crushed to death by lorry at bakery

The owner of Cornish-pasty makers Ginsters has been fined £1.28 million after an employee was killed by one of its lorries delivering supplies to a bakery.
Paul Clarke died on 2 December 2021 after being crushed by the vehicle as it reversed into a loading bay at The Cornwall Bakery in Callington.
The 40-year-old had recently joined the bakery as an intake operator and had been moving strip curtains in the loading bay when he was hit by the lorry.
He was taken to Derriford Hospital where he later died.
Mr Clarke’s mother described him as a “family man” and said she has been left so devastated she no longer celebrates Christmas as it is too close to the anniversary of her son’s death.
The pastry-makers are operated by Samworth Brothers and a Health and Safety Executive (HSE) investigation found it had not assessed the risks associated with the temporarily installed strip curtains.
It also found 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 HSE investigation found 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.
Mr Clarke was new to the role and was working his first lone shift and 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 £1.28million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November.
Paul’s mother Bernice said in a statement: “Paul was a family man and loved big family holidays, which will never be the same without him.
“I have not been on a family holiday since I feel so much guilt towards Paul, we don’t celebrate Christmas as the date is too close and it is just not the same.
“Paul and I had a very special relationship between a mother and a son.
“We were always talking and catching up. I would call him every weekend and see what he was doing.
“He would always come out with us on a bike ride or a walk. We all miss Paul very much every day, our lives will never be the same without Paul.”
HSE inspector Aimie Baker said: “Bernice’s words make clear the impact the passing of Paul has had and our thoughts remain with her and her family.
“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.”
This 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.
In a statement, Samworth Brothers said: “We were deeply shocked and saddened by the vehicle-related accident at our Cornwall Bakery site in December 2021 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.
“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.”