Companies with loading and hauling capabilities are increasingly offering contractor services to opencast mining operations, creating new opportunities and revenue streams. The Bargaining Council for the Civil Engineering Industry (BCCEI) is reminding contractors, however, that this shift also comes with legal and regulatory obligations, including the compulsory requirement for these companies to register with the BCCEI.

“This load-and-haul work, even though being done on mines, is not considered mining; it is considered civil engineering work,” explains BCCEI senior designated agent Brian Ngubane. “Any company undertaking this type of work is required by law to register with the BCCEI in order to remain compliant.”

The BCCEI is a statutory body established in terms of the Labour Relations Act, mandated to regulate conditions of employment and labour relations in the civil engineering industry. Its scope of application - determined by the National Economic Development and Labour Council and recognised by the Department of Employment and Labour - covers a wide range of mining-related tasks. These include the excavating, loading, hauling and dumping of mineralised or waste material, bulk earthworks, topsoil stripping, drilling, blasting and road construction and maintenance.

“The scope also extends to services such as dust suppression, stockpiling, pumping and dewatering of stormwater and contaminated water, rehabilitation of waste dumps and earthwork areas, topsoil spreading, hydro-seeding and watering,” Ngubane adds. “All these activities fall squarely within the definition of civil engineering under the jurisdiction of the BCCEI.”

This requirement applies only to contractors who are paid a fee for services, whether on a monthly basis or calculated per tonne moved, and who do not have a direct financial interest in the minerals being extracted.

The aim of the BCCEI is to ensure fair labour practices, stable working environments and sector-wide wage agreements that benefit both employers and employees. The organisation has designated agents across the country who can assist companies that are unsure about their legal obligations.

“Our agents are industry experts and can advise companies on whether they fall within the BCCEI’s scope,” says Ngubane. “They also guide new members through the registration process and explain the range of services and benefits available.”

“Complying with the BCCEI is not just a legal requirement - it is an investment in fair labour practices, operational stability and long-term success,” Ngubane concludes.