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Samworth Brothers, the parent company of pasty maker Ginsters, has been fined £1.28m following the death of an employee. Paul Clarke, 40, died after he was fatally crushed by a lorry that was delivering supplies to Ginsters’ plant in Callington, Cornwall on 2 December 2021. Plymouth Magistrates’ Court heard Clarke, who was new to the firm, had been moving strip curtains in the loading bay before he was struck by the lorry. Samworth Brothers admitted a breach of the Health and Safety at Work Act for failing to train Clarke in how to operate the curtains.
As well as the fine, Samworth Brothers was ordered to pay £24,106 in costs. A Health and Safety Executive (HSE) investigation found that the company 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 lorries reversed into the loading bay and staff had not been provided with training or instructions on how to move the curtains. Instead, employees had devised their own methods, which included standing in the yard behind reversing vehicles.
Employers should be aware that pedestrian accidents at work are a major cause of fatal injuries in the workplace, according to HSE inspector Aimie Baker. There were 25 fatalities involving pedestrians at work recorded in 2023/24. Baker added that employers should plan their workplace to reduce contact between pedestrians and vehicles.
Samworth Brothers said it was “shocked and deeply saddened” by Clarke’s death. “The Cornwall Bakery is a strong community of friends and colleagues,” the company said in a statement. “Paul was such a positive influence on everyone that knew him and a much-loved and respected member of our team.” The statement added that health and safety was the firm’s “highest priority” and that the incident led to an “extensive internal review”. Several changes were implemented immediately to improve the firm’s health and safety systems and processes, according to Samworth Brothers.
Clarke’s mother, Bernice, said “our lives will never be the same without Paul”. She added that the family didn’t celebrate Christmas because the date was too close to the anniversary of her son’s death
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