Kellogg's Australia fined $510,000 for safety failings after 2023 Banksmeadow accident

Kellogg's Australia was fined $510,000 in the Industrial Court of New South Wales on Tuesday after pleading guilty to health and safety failings stemming from a March 3, 2023 incident at the company's Banksmeadow cereal factory, adjacent to Sydney's airport. The case centers on an incident in which a forklift reversed into an elevated platform where two workers were performing repairs above a loading dock, causing the platform to topple and send both men to the floor about four metres below. The penalty follows Kellogg's Australia manufacturing cereals such as Corn Flakes, Coco Pops and Crunchy Nut at the Banksmeadow site.

Two Chess employees, Bassam Ghosn and Hojin Lee, were the individuals on the platform when the accident occurred. Chess had carried out engineering works for Kellogg's Australia for around 40 years without incident, but the workers were placed on an elevated platform with no barriers or signage around the working area at the time of the incident. Ghosn suffered a shattered pelvis and a broken back, spending roughly 12 weeks in hospital, while Lee fractured his left hand and was unable to work for about four months. Victim impact statements described the injuries as life-changing, affecting their confidence, relationships and sense of purpose. The forklift driver involved reportedly had been told by site security that the loading dock was empty, and the court heard there were no barriers or signage around the platform. A risk assessment for working at height was signed by the men, though both later said the signatures were not theirs, and Kellogg's said it did not know how those signatures appeared on the document.

Justice Jane Paingakulam found that Kellogg's had safety systems in place but did not adhere to them on the day of the incident. The court described the predominant failure as Kellogg's lack of compliance with its well-documented safety systems. The case determined the objective seriousness of the offence fell within a mid-range category, with a maximum possible penalty of $1.9 million. Kellogg's pleaded guilty early and received a 25 percent reduction in the fine to $510,000. The judge noted Kellogg's had ten previous workplace convictions but, apart from the last offense about 25 years ago, the company was considered to be of good character. The court recognized steps Kellogg's took after the incident, including extensive staff training and the installation of safety equipment around the loading area, as evidence of a commitment to preventing a recurrence.

Glen Wojcinski, Kellogg's supply chain director for Australia and New Zealand, told the court that the company did not take the health and safety failings lightly. He described how senior management held extensive post-incident meetings and maintained ongoing communication with affected workers; he also visited Mr. Ghosn in hospital and stayed informed about both workers' recovery. The judgment recorded that Kellogg's acknowledged and expressed sincere regret for the incident and its impact on the workers and their families, as well as on other workers at the site.

Following the hearing, SafeWork NSW and Kellogg's were contacted for comment, according to reporting cited by the Daily Mail. Kellogg's Australia confirms the Banksmeadow plant manufactures cereals including Corn Flakes, Coco Pops and Crunchy Nut, and is located in a region adjacent to Sydney's airport. The case underscores ongoing regulatory scrutiny of workplace safety compliance in Australia's manufacturing sector, where courts have signaled that adherence to established safety protocols is a key factor in determining penalties for serious injuries on the job.