Ginsters pasty maker fined more than £1m after worker killed by delivery lorry

Paul Clarke, aged 40, was hit by the vehicle on 2 December 2021 as it reversed into a loading bay at The Cornwall Bakery in Callington, which is operated by Samworth Brothers. He was taken by helicopter to Derriford Hospital but died from his injuries.

Samworth Brothers had installed temporary strip curtains in place of a faulty roller door at the entrance to the loading bay. Photograph: HSE

An investigation conducted by the Health and Safety Executive (HSE) found that Samworth Brothers had installed temporary strip curtains in place of a faulty roller door at the entrance to the loading bay, but had not assessed the risks and had no safe system in place to move the curtains out of the way when lorries backed in.

Clarke, who had was working his first lone shift at the bakery, had been moving the curtains aside when he was struck by the vehicle.

“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,” said HSE.

Melton Mowbray, Leicestershire-based Samworth Brothers pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £1.28 million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November.

“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,” said HSE inspector Aimie Baker.

“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.”

HSE guidance on workplace transport safety can be found here.