4. An employer is exempted from sending the notice provided for in the first paragraph of section 2 where, during a 26-month period preceding the date on which he resumes construction work, the following conditions have been fulfilled:(1) the employer has caused work to be performed by an employee in the construction industry;
(2) the Commission has received from the employer a monthly report in accordance with the conditions and within the deadline provided for in this Regulation, and in which the employer indicates that he caused such work to be performed by the employee.