ISB SI

S.I. No. 24 of 1994.

SOCIAL WELFARE (MAINTENANCE OF RECORDS) REGULATIONS, 1994.

The Minister for Social Welfare, in the exercise of the powers conferred on him by

section 4

of the

Social Welfare (Consolidation) Act, 1993

(No. 27 of 1993) and section 215A of that Act (inserted by

section 14

of the

Social Welfare (No. 2) Act, 1993

(No. 32 of 1993)), hereby makes the following Regulations:—

1 Citation.

1.

These Regulations may be cited as the Social Welfare (Maintenance of Records) Regulations, 1994.

2 Definitions.

2.

In these Regulations—

"specified industry" means the construction industry including the building, alteration, decoration, repair or demolition of any building or structure;

"sub-contractor" means a person engaged under a contract for service to perform a service.

3 Persons required to keep records.

3.

(1) Every employer engaged in a specified industry shall maintain a record of every person in his employment.

(2) Every person who engages a sub-contractor to perform a service in a specified industry shall maintain a record of every sub-contractor so engaged.

(3) Every sub-contractor engaged to perform a service in a specified industry shall maintain a record of every person engaged to perform that service either with him or on his behalf whether under a contract for service or any other arrangements made or to be made by him.

4 Records to be maintained.

4.

Every record under article 3 of these Regulations shall:—

(

a

) contain the following particulars in respect of the person to whom it relates—

(i) name,

(ii) address,

(iii) the number known as a revenue and social insurance number, and

(iv) the date of commencement of the employment,

(

b

) be recorded at the time of commencement of the relevant employment or on the 1st day of March, 1994, whichever is the later, and

(

c

) be held readily accessible at the premises or place where the person to whom the record relates is employed for the duration of his employment.

GIVEN under the Official Seal of the Minister for Social Welfare this 14th day of February, 1994.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

Section 215A of the

Social Welfare (Consolidation) Act, 1993

provides regulatory powers to require specified employers and contractors to keep records, which must be kept at a specified place, of employees and other people engaged by them under a contract for service. Failure to comply with these requirements is an offence.

These Regulations oblige employers, contractors and sub-contractors in the construction industry to keep records of their employees and other people engaged by them under a contract for service. The relevant details must be recorded on the commencement of the employment and these records must be kept on the site where the person is employed.