As South Africa’s mining and civil engineering sectors continue to navigate economic uncertainty, many companies with loading and hauling capabilities are pivoting to offer their services as contractors to opencast mining operations. While this shift has opened up new opportunities, it also comes with legal and regulatory obligations – most notably, the need to register with the Bargaining Council for the Civil Engineering Industry (BCCEI).
“This load-and-haul work even though being done on mines is not considered mining; it is considered civil engineering work,” explains Brian Ngubane, Senior Designated Agent at the BCCEI. “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 (LRA), 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 (NEDLAC) 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 like 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.”