Act Establishing The Electronic Registration Of Attendance On Temporary Or Mobile Construction Sites (1)

Original Language Title: Loi établissant l'enregistrement électronique des présences sur les chantiers temporaires ou mobiles (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012012195&caller=list&article_lang=F&row_id=1400&numero=1403&pub_date=2012-12-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-12-31 Numac: 2012012195 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 27 December 2012. -An Act establishing the electronic registration of attendance on the temporary building or mobile (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work 2. in article 3, § 1, 9 °, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work the words 'any natural or legal person' shall be replaced by the words "the physical or legal person.
S. 3. in chapter V of the Act, amended by law of 27 December 2004, 9 March 2005 and 6 May 2009, it is inserted, after article 31, section 4: Section 4. -Presence registration system.
S. 4. in chapter V, section 4, of the Act, inserted by article 3, article be inserted a 31bis as follows: «art.» 31bis. § 1. This section applies: 1 ° to the employers referred to in article 2, § 1, and people there regarded that as a contractor or subcontractor operate during the implementation phase of the execution of the project;
2 ° to workers and persons are treated as referred to in article 2, § 1, paragraph 2, which perform activities for the employers referred to in 1 °;
3 ° to the self-employed engaged as a contractor or subcontractor activities during the execution of the project execution phase;
4 ° to the supervisor responsible for executing, as defined in article 3, § 1, 9 °.
§ 2. This section applies to the temporary or mobile construction sites where are performed work by at least two contractors, occurring simultaneously or successively and which relate to works whose total area is 1 000 m2 or more.
The King determines the procedures for the calculation of the total area of 1,000 m2 or more.
The King may make applicable the provisions of this section to the other temporary or mobile construction sites than those referred to in paragraph 1 or extend the application of these provisions to all temporary or mobile construction sites."
S.
5. in the same section 4 it is inserted an article 31ter as follows: "article 31ter. § 1. For each temporary or mobile construction, the presence of each natural person, as determined in article 31bis, § 1, 1 ° to 4 °, is registered: 1 ° by means of an electronic system for the registration of presence, hereinafter referred to as the registration system, or;
2 ° by the use or provision of their subcontractors to another method of automatic registration, provided that this device offers guarantees equivalent to those of the recording device referred to in 1 ° and that the evidence be provided that people who come to the temporary or mobile construction are actually registered.
The King determines, by Decree deliberated in the Council of Ministers, equivalent guarantees to which the registration referred to in paragraph 1, 2 ° must meet at least.
The system of registration, referred to in paragraph 1, 1 °, includes: 1 ° a database: the database computer managed by the authority which collects data specified for control and exploitation of these data;
2 ° a recording device: the device in which the data can be saved and which allows to send these data to the database or a system that allows save the above data and send them to the database.
3 ° a recording medium: the way that each individual must use to prove his identity when registering.

§ 2. The registration system referred to the § 1, paragraph 1, 1 °, and the recording method, referred to the § 1, paragraph 1, 2 °, resumes the following data: 1 ° identification of the individual data;
2 ° where appropriate, the address or the geographical description of the location of the temporary or mobile construction site;
3 ° the quality with which an individual performs services on the temporary or mobile construction site;
4 ° identification of the employer data, when the person is a worker;
5 ° when the natural person is an independent, the identification of the natural or legal person on order by which a work is performed;
6 ° the time of recording.
The data referred to in this article are the personal social data as referred to in article 2, paragraph 1, 6 °, of the law of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security.
The data is sent to a database that is held by the public authority which is designated by the King.
Federal public Service employment, labour and social dialogue is the responsible for the treatment of data referred to in article 1, § 4, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The registration system ensures that the data can no longer be changed imperceptibly after sending them and that their integrity is maintained.
§ 3. After receiving the opinion of the Committee on the protection of privacy, the le Roi King determines, by Decree deliberated in the Council of Ministers, the terms and conditions to meet the registration system and, in particular: 1 ° the characteristics of the system.
2 ° the arrangements for the maintenance of the system;
3 ° information data to resume that the system must include;
4 ° the terms of sending the data, in particular the precise moment of the consignment;
5 ° the different means of registration and their technical specifications that are allowed to register.
"6 ° that it must not register if they are already available elsewhere in electronic way for the authority and data that can be used under this Act."
S. 6. in the same section 4, it is inserted an article 31quater as follows: "article 31quater. § 1. The supervisor of enforcement puts the recording device at the disposal of entrepreneurs who he calls, unless it is agreed by common accord that the contractor applies another method of registration referred to in article 31ter, § 1, paragraph 1, 2 °.
Any contractor which the supervisor of enforcement appealed is required to use the recording device placed at its disposal by the supervisor of enforcement and put available to subcontractors to which it uses or to apply the method of registration referred to in article 31ter, § 1, paragraph 1, 2 °.
Any subcontractor that a contractor referred to in paragraph 2 is call is required to use the recording device placed at its disposal by the contractor and put at the disposal of the subcontractors it appeal or to apply the method of registration referred to in article 31ter, § 1, paragraph 1, 2 °.
Any subcontractor appealed to by a subcontractor referred to in paragraph 3 or in which any following subcontractor is is required to use the recording device which is made available by the contractor with which it has concluded a contract and put at the disposal of the subcontractors it appeal or apply the method of recording referred to in article 31ter , § 1, paragraph 1, 2 °.
§
2. If the recording is made by a recording device on the site, the persons referred to in paragraph 1 are responsible for the delivery, installation and the functioning of the registration on the temporary or mobile construction machine.
If the registration is made somewhere else, they take the necessary measures so that this record shows the same guarantees as the registration that is done on the site.
The King may, after receiving the opinion of the Committee on the protection of privacy, specify the measures referred to in this paragraph."
S.
7. in the same section 4, it is inserted an article 31quinquies as follows: "article 31quinquies. any contractor and any subcontractor shall ensure that the data referred to in article 31ter, § 2, paragraph 1, relate to its business are effectively and properly recorded and transmitted to the database.
Any contractor or subcontractor who appeal to a subcontractor taking steps so that the other party stores all data effectively and properly and transmits them to the database.
Any contractor and any subcontractor shall ensure that each person is registered before entering, on his behalf, on the temporary or mobile construction.
The King may, after receiving the opinion of the Committee on the protection of privacy, specify the measures referred to in paragraph 2 by Decree deliberated in the Council of Ministers."
S.
8. in the same section 4, it is inserted an article 31sexies as follows: "article 31sexies. § 1. Anyone who shows up on a temporary or mobile construction is required to register immediately and daily its presence on the site.
§
2. The employer is responsible for delivery of the means of recording to its workers, which is compatible with the recording used on the portal device.
The supervisor of enforcement,

the contractor or subcontractor that appeals to an independent is responsible for delivery of the independent recording medium, which is compatible with the recording used on the portal device.
The King determines by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy, which is responsible for delivery of the medium of record for other people.
The King determines by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy, what is meant by this compatibility.

§ 3. If the registration is made at a location other than the site, the provision of § 1 does not apply.
In this case, the persons referred to in § 2, paragraph 1-3, take the necessary measures to ensure the registration actually and that it has the same guarantees as the registration that is done on the site.
The Minister of employment controls if registration has the same guarantees as the registration that is done on the site."
S. 9. in the same section 4, it is inserted an article 31septies as follows: "article 31septies without prejudice to the application of article 14 of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security, social inspectors and social security institutions are, subject to prior authorization from the Security section social of the sectoral Committee of social security and of health referred to in article 37 of the same Act view the data contained in the registration system, exchange them among themselves and for use in the performance of their duties assigned under the Act.
Social inspectors can, on their own initiative or on request, communicate the data referred to in paragraph 1 to foreign inspection services.
The King determines by deliberate order in Council of Ministers, following the opinion of the Committee on the protection of privacy, the terms and conditions under which data can be found in the database by: 1 ° the contractor for its construction;
2 ° the public administration in the context of a public contract;
3 ° the employer for its workers;
4 ° the worker for his performances.
"5 ° others for their benefit."
S. 10. in chapter V of the Act, it is inserted after article 31septies inserted by article 9, section 5 which includes article 32 and is entitled: "Section 5. Coordination structure.
CHAPTER 3. -Changes of the Code criminal office art. 11. in article 131 of the social Criminal Code, the following changes are made: 1 ° 1st paragraph is supplemented by the 9 ° to 11 °, worded as follows: «9 ° the supervisor responsible for execution, his servant or his agent who has committed an offence under article 31ter, article 31quater, § 1, paragraph 1 and § 2 and article 31sexies, § 2, paragraphs 2 and 3 and § 3 of the above-mentioned Act of 4 August 1996 and their orders of execution;
10 ° the contractor and its subcontractor, his servant or his agent, who has committed an offence under article 31ter, article 31quater, § 1, paragraphs 2 to 4 and § 2, article 31quinquies and article 31sexies, § 2, paragraph 2 and 3 and § 3 of the above-mentioned Act of 4 August 1996 and their orders of execution;
11 ° the employer, his servant, or his agent, who has committed an offence in article 31sexies, § 2, paragraph 1 and 3 and § 3 of the Act of 4 August 1996 and its execution decrees. »;
2 ° article is supplemented by a paragraph 4, as follows: "With regard to the offences referred to the paragraph 1, 9 °, 10 ° and 11 °, the fine is multiplied by the number of persons concerned by this offence.".
S.
12. in the same Code, it is inserted an article 131/1, as follows: «art.» 131/1. Obligation to register on temporary or mobile construction sites.
"Is punished with a penalty of level 1, any person who, in contravention of article 31sexies, § 1, of the Act of 4 August 1996, presents itself on a temporary or mobile construction and does not register immediately and daily its presence on the site.
CHAPTER 4. -Disposition final art.
13. the King determines, by Decree deliberated in the Council of Ministers, the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 27, 2012.
ALBERT by the King: the Minister of employment, Ms. M. DE CONINCK sealed with the seal of the State: to the Minister of Justice, absent: the Deputy Prime Minister and Minister of Pensions, A. DE CROO _ Note (1) Session 2012 - 2013.
House of representatives.
Documents. -Bill, 53 2413/001. -Report, 53 2413/002. -Text corrected by the commission 53 2413/003. -Text adopted in plenary meeting and transmitted to the Senate, 53 2413/004.
Compte rendu intégral. -13 December 2012.
Senate.
Documents. -Project mentioned by the Senate, 5-1883 - No. 1. -Report 5-1883 - No. 2. -Decision not to amend, 5-1883 - No. 3.
Annals of the Senate. -21 December 2012.