Cornwall Ginsters worker death brings £1.28m fine for owner

Pasty maker Ginsters’ parent company has been fined £1.28m after an employee was killed by a lorry that was delivering supplies.

Paul Clarke, 40, died in hospital after he was fatally crushed by the lorry as it reversed into a loading bay at Ginsters’ plant in Callington, Cornwall on 2 December 2021.

Plymouth Magistrates’ Court heard the newcomer to the firm had been moving strip curtains in the loading bay before being struck by the lorry.

Samworth Brothers, of Melton Mowbray, Leicestershire, admitted it did not train Mr Clarke in how to operate the curtains, breaching the Health and Safety at Work Act.

As well as the fine, the firm was ordered to pay £24,106 in costs at the court on 7 November.

Magistrates heard a Health and Safety Executive (HSE) investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains.

There was no safe system of work to move them out of the way when the lorries reversed into the loading bay and staff had not been provided with training or instructions on how to move the curtains.

Instead, they had devised their own methods, which included standing in the yard behind reversing vehicles.

“Our lives will never be the same without Paul,” his mother Bernice said in a statement.

“We don’t celebrate Christmas as the date is too close and it is just not the same.”

HSE inspector Aimie Baker said her words “make clear the impact the passing of Paul has had and our thoughts remain with her and her family”.

Accidents at work involving pedestrians like Mr Clarke were 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, she said.

Samworth Brothers said in a statement after the case that the firm had been “deeply shocked and saddened” by Mr Clarke’s death.

“The Cornwall Bakery is a strong community of friends and colleagues,” it said.

“Paul was such a positive influence on everyone that knew him and a much-loved and respected member of our team.”

The firm added that was health and safety was its “highest priority” and the incident led to an “extensive internal review”.

“Several changes were implemented immediately in order to further improve upon our health and safety systems and processes,” said the firm.