What should be covered in the risk assessment?
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Samworth Brothers Limited, owner of pasty maker Ginsters, has been fined £1.28 million for health and safety failings after an employee was crushed to death.
Paul Clarke (40) joined the company as an intake operator in 2021, working in the loading bay at The Cornwall Bakery, Callington. On 2 December 2021, he was moving strip curtains in the loading bay when he was struck by a reversing lorry.
Mr Clarke was rushed to Derriford Hospital via helicopter, where he later died from his injuries. An investigation of the incident by the Health and Safety Executive (HSE) found that Samworth Brothers had failed to risk assess the strip curtains, which had been installed to replace a faulty roller shutter door. With no safe system of work in place, staff had been forced to devise their own workarounds. This meant staff were standing in the yard while heavy goods vehicles reversed close by.
Mr Clarke had only recently started in his role, and the day of the incident was his first lone-working shift. Management, HSE found, had failed to identify these additional risks.
Bernice, Paul’s mother, released a victim 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 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 2024.
HSE Inspector Aimie Baker commented after the sentencing:
“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.”
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