The Essential Services Committee has expanded the designation of essential services at tailings dams beyond the narrow 2018 framework, to include personnel involved in construction, maintenance, risk management, monitoring and hydro mining operations. Mining operators should review their workforce classifications and employment contracts to align with the broader scope, which prohibits strike action for affected employees.
The Essential Services Committee (ESC) published a notice in the Government Gazette on 14 November 2025, substantially expanding the designation of essential services relating to tailings dams under section 71 of the Labour Relations Act 66 of 1995 (LRA).
Essential services refer to those services that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population. The designation comes with important legal consequences: employees working in essential services may not engage in strike action, and collective disputes must be referred to the Commission for Conciliation, Mediation and Arbitration for conciliation and arbitration rather than proceeding to industrial action.
The ESC is a statutory body created by the LRA, empowered to conduct investigations to determine whether the whole or part of any service should be declared as an essential service. Its decisions reflect careful consideration of public safety, environmental protection and operational continuity.
Tailings management is an essential service within the mining sector due to the critical need to prevent catastrophic failures and environmental harm. The expanded designation reflects this reality and aligns with international best practices following high-profile tailings dam failures globally. The consequences of tailings dam failure extend far beyond individual mining operations, affecting communities, water systems and ecosystems for generations.
The designation previously issued by the Committee on 11 May 2018, in relation to mud guards and team leaders at tailings dams, has been substituted with a broader framework. All services that are necessary for the building, construction, maintenance, risk management, monitoring, inspection and reporting at tailings dams, to ensure the integrity, safety and stability of the deposition sites and tailings dams, are now designated as essential services.
The expanded designation extends beyond traditional tailings dam operations to encompass hydro mining activities. All services performed in hydro mining that relate to ensuring the integrity of the water management system, including monitoring and inspecting pipelines to ensure the integrity of slurry delivery pipes, valves and water lines that must be inspected to timeously identify non-conformance and immediately rectify the same, are now designated as essential services.
This expanded designation follows the culmination of efforts that began in 2018 when Webber Wentzel assisted clients in bringing the initial application to the ESC in respect of tailings dams. That application resulted in the 2018 designation for mud guards and team leaders, establishing the foundation upon which this comprehensive framework has been built, establishing a framework that prioritises safety and environmental protection across the mining sector, delivering significant positive benefits to the industry.
Mining operators should review their tailings dam operations to identify all personnel and services now covered by the essential services designation. Employment contracts may need to be reviewed and potentially amended to reflect essential services status. Equally important is ensuring that employees understand the impact that this categorisation will have on their labour rights, specifically their right to strike action.
This expanded essential services designation represents a positive development for the mining industry, prioritising public safety and environmental protection.
