Samworth Brothers fined more than £1m for workplace vehicle death

Paul Clarke was fatally crushed while moving strip curtains in the loading bay for an HGV delivering supplies to The Cornwall Bakery in Callington on 2 December 2021.

Clarke, 40, was new to the role and was working his first lone shift.

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

A Health and Safety Executive (HSE) investigation found Ginsters owner 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.

Samworth Brothers pleaded guilty to breaching the Health and Safety at Work etc. Act and the company was fined £1.28m and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court.

Clarke’s mother Bernice said: “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.”

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.”

In a statement, Samworth Brothers said it was deeply shocked and saddened by the fatal accident: “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,” the company said.

“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.”