Ginsters owner fined £1.28m after worker crushed to death by lorry
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 Clarke in how to operate the curtains, breaching the Health and Safety at Work Act.
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. Clarke was new to the role and was working his first lone shift. Management failings had not picked up the additional risks associated with this task.
Bernice, Clarke’s mother, 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.”
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.
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.
