What is a Compliance Standard?
A compliance standard is a list of high-risk non-compliances where if any or one of those non-compliances are found on a periodic inspection, TSSA will issue order(s) and conduct a follow-up inspection to confirm that those non-compliances have been corrected.
These orders will either have an immediate time to comply (0 days which equals shutdown) or 14 days which equals repair or replace. There may be some circumstances, for practical considerations, where a high-risk non-compliance will be given greater than 14 days to resolve. (For example, it is not possible to replace elevator ropes in 14 days; thus, sufficient time will be provided.) These high-risk orders will also be subject to a follow-up inspection.
Other non-compliances, categorized as safety tasks (low- and medium-risk non-compliances), will be noted on the inspection report; however, if there are only safety tasks found on a periodic inspection, TSSA will not conduct a follow-up inspection. In the future, TSSA will have a portal whereby regulated parties can login, locate their inspection report and confirm compliance with safety tasks. In the interim, TSSA is considering statistically valid audits of safety tasks to collect data and confirm the state of compliance.
Because certain circumstances may cause a safety task (low- or medium-risk non-compliance) to present a high risk, TSSA will require a follow-up inspection to confirm correction. This would be an exception case.
Regulated parties are required to resolve all orders and safety tasks within the compliance time provided.
Why?
TSSA is transforming into an Outcome-Based Regulator; as such, compliance standards play a key role. Using the compliance standard as a periodic inspection tool focusses owners, contractors, mechanics and inspectors on high-risk non-compliances. It also acknowledges that regulated parties have the primary responsibility for compliance and can resolve safety tasks (low- or medium-risk orders) without further TSSA inspection. Compliance standards also support the industry with understanding safety priorities and identifying what may pose a high risk to public safety if not addressed. TSSA establishes these safety priorities using an evidence-based and data-driven approach to identify which areas are most correlated to risk.
Benefits
By establishing compliance standards (identification of high-risk non-compliances) , it focusses TSSA and regulated parties on reducing harm by addressing non-compliances based on level of risk posed. Compliance standards will be available on several platforms including TSSA’s website and downloadable mobile apps to ensure transparency. The desired end state is that regulated parties will address high-risk non-compliances in 0-14 days and long before a TSSA periodic inspection.
For more information:
- Compliance Standards - Elevating Devices - Effective March 1, 2023
- Compliance Standards - Ski Lifts
- Compliance Standards - Pipelines
- Compliance Standards Support Program
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Organizations may be noncompliant for a variety of reasons, including a lack of understanding. TSSA’s Compliance Support Program provides entities with high-risk devices the opportunity to work directly with TSSA to address their specific issues. The Program involves a proactive intervention by a TSSA Compliance Support Advisor who helps organizations understand their regulatory obligations and guides them in the development of tools to achieve compliance and reduce the potential for harm to Ontarians.
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Contact(s)