A BUSINESSMAN whose company received a significant fine for failing to protect its workers from inhaling toxic dust is set to appear in court again - after an application to reopen the case due to an alleged breach of health and safety regulations was granted.

Warmsworth Stone Limited’s Thurnscoe site at Knabbs Hill Farm came under scrutiny from Health and Safety Executive inspectors, who issued a prohibition notice after they found exposure to a hazardous substance - respirable crystalline silica - had occurred with no effective control measures in place.

Silica - the biggest risk to construction workers after asbestos - can cause lung cancer and other serious respiratory diseases.

Director Simon Frith appeared at Barnsley Magistrates’ Court in January where he submitted guilty pleas both personally and on the company’s behalf to three breaches - two relating to the Health and Safety at Work Act and one of the control of hazardous substances.

Mr Frith was given a £1,594 fine, told to pay a £425 surcharge and £3,782 in court costs - totalling £5,801 - while the firm will pay a further £24,064.

However, just months later, HSE inspectors applied to reopen the case having charged Mr Frith with contravening two health and safety regulations and failing to adhere to an improvement notice.

He will next appear at the same court on Monday.