Paul Clarke was fatally crushed on 2 December 2021 after being struck by a lorry as it reversed while attempting to deliver supplies to The Cornwall Bakery in Callington, Cornwall.
Clarke, who was 40 years old, was taken to Derriford Hospital via helicopter but was later pronounced dead.
A Health and Safety Executive (HSE) investigation found that Samworth Brothers had not assessed the risks associated with the temporary strip curtains, which had been installed in place of a faulty roller door.
There was also no safe system in place to move the curtains out of the way when the lorries reversed into the loading bay, meaning that staff had devised their own methods, which included standing in the yard behind reversing vehicles.
Clarke had recently joined the bakery as an intake operator and was working his first lone shift when he was struck by the lorry while moving the strip curtains in the loading bay.
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.
On 7 November 2024, the company was fined £1.28 million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court.
Prosecution was brought by HSE enforcement lawyers Daniel Poole and Kate Harney, with support from paralegal officer Imogen Isaac and litigation officer Helen Vigus.
Family comments
In a statement issued by Paul’s mother, she said that the lives of his family would never be same without him.
“Paul was a family man and loved big family holidays,” the statement read.
“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.”
Meanwhile, HSE inspector Aimie Baker added: “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.”
Samworth Brothers deeply saddened
In a statement published shortly after the fine was announced, Samworth Brothers said the firm had been "deeply shocked and saddened" by the death of Paul Clarke.
"The Cornwall Bakery is a strong community of friends and colleagues [and] Paul was such a positive influence on everyone that knew him and a much-loved and respected member of our team," the statement read.
"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."
In other news, representatives from Unite the Union have taken part in protests outside the offices of the biggest shareholders in Bakkavor as strike action continues at one of its UK production plants.
