4th December 2024

Ginsters Owners – Samworth Brothers Ltd – Fined £1.28 Million Following Death Of Employee

On 2nd December 2021, an intake operator at The Cornwall Bakery in Callington, Cornwall, was crushed to death by a vehicle reversing towards a loading bay.

At the time of the incident, the worker had been moving temporary strip curtains within the loading bay – a feature installed as the result of a faulty roller shutter door.

Upon investigation by the Health and Safety Executive (HSE), it was found that Samworth Brothers had not assessed the risks associated with the temporary strip curtains, nor was there a safe system of work in place or any formal training delivered to guide operatives on their use.

As such, workers at the site had devised their own methods of moving the curtains when vehicles were approaching which included standing behind reversing wagons.

On the date in question, the operative was relatively new to their role and were in fact undertaking their first solo shift – having to face the risks posed by the work activity without any formal assessment or instruction from Samworth Brothers.

In Court

The resultant hearing took place in Plymouth Magistrates’ Court on 7th November 2024, at which point Samworth Brothers Ltd pled guilty to breaching section 2(1) of the Health & Safety at Work Act 1974 by not preventing, as far as is reasonably practicable, the health, safety and welfare at work of all their employees.

A fine of £1,280,000 was imposed along with an order to pay costs of £24,106.

HSE Inspector Aimie Baker said: “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.”