Guidelines

The Technical Standards and Safety Authority (TSSA) Operating Engineers Program updates and revises a series of guidelines for the industry. Please see our available guidelines below:

Operating Engineers Safety Program- Path 2 Risk & Safety Management Plan

Operating Engineers Alternate Rules Frequently Asked Questions:

What is the current Operating Engineers Regulation?

The existing Operating Engineers Regulation, under the Technical Standards and Safety Act, 2000, is Ontario Regulation 219/01.

What are Operating Engineers Alternate Rules?

The proposed alternate rules, if approved, would be provided for certain requirements in the Operating Engineers Regulation 219/01—including plant staffing, certification time requirements, and electronic log book requirements— and would provide a different approach to achieving safety compliance at Ontario’s power plants. If approved, alternate rules would facilitate a risk-based approach to the regulation, address qualification for Operating Engineers and include two alternative paths for plants to achieve compliance. They exist in parallel to the regulation – they do not replace the regulation.

What options do power plants have with alternate rules?

If alternate rules are approved, existing power plants would be obligated to meet the requirements in the current Operating Engineers regulation. Plant owners and users would have the option to explore operating their plants under alternate safety paths (Path 1 and Path 2) by applying to TSSA.

Will TSSA regulate plants operating under the alternate rules?

If alternate rules are approved, there would be three safety paths and TSSA would regulate all of them. All three safety paths would be monitored for safety compliance by TSSA.

Path 0 – Plant users manage their plants in accordance to the requirements under O. Reg 219/01.
Path 1 – Plants would be regulated and rated based on a risk calculation measured by several factors in addition to plants’ installed power ratings.
Path 2 – Regulated plants would implement Risk and Safety Management Plans customized for their specific sites that include additional risk management technologies and other processes developed by professional engineers and approved by TSSA.

What is the Path 1 alternate rule?

Path 1 of the alternate rules – if approved – would use risk ratings for different categories of Operating Engineers plants and would be available on October 1, 2020.

Staffing levels would be based on a formula that considers a plant’s power rating, technology and controls, among other factors.
Plants would be subject to regular TSSA inspections.

What is the Path 2 alternate rule?

Path 2 of the alternate rules – if approved – would require plant owners and users to customize their own site-specific Risk and Safety Management Plans, which TSSA would accept for review starting on July 1, 2020.

The plan would be required to be signed by a professional engineer and provide evidence to support the plant’s ability to maintain safety, based on an acceptable risk level.
If the plant’s Risk and Safety Management Plan (RSMP) is approved by TSSA, the plant would be required to maintain safety compliance records for review by TSSA.
Plants would be subject to regular TSSA inspections and audits of RSMP related documents and records.

Why were Alternate Rules developed?

On its own, the Operating Engineers regulation is applied in a uniform fashion, based only on the installed power rating of a plant, regardless of other safety conditions or controls. The proposed alternate rules would address the growing industry and regulatory demands for a shift from prescriptive to risk-based regulation, while maintaining a robust safety regime.

How were Alternate Rules developed?

In 2016, an expert panel was formed by the Ontario Ministry of Government and Consumer Services (MGCS) and TSSA to advise on alternative approaches to safety in power plants. The panel focused on modernizing the regulatory process to respond to technological innovations (e.g. automated controls) and establishing alternatives to maintain and enhance safety. Subsequently, a task group was established to develop a prescriptive risk ranking model and requirements for Risk and Safety Management Plans.

In April 2019, the Technical Standards and Safety Act, 2000, was amended to authorize a TSSA statutory director to propose, for the Minister of Government and Consumer Service’s approval, alternate rules to reach safety and compliance outcomes. Engagement on the alternative approaches (Path 1 and Path 2) also occurred in 2019.

More than half of the expert panel’s 25 recommendations would be enabled with the passing of the alternate rules, if approved. The two major recommendations regarding the safe operation of plants were:

Ontario should adopt a risk-based approach to regulating the industry
The regulation should include two alternate compliance approaches:

regulated plants are rated based on their plant’s safety risk, as measured by several factors in addition to power rating, and are prescribed a staffing attendance requirement (including the number and certification level of Operating Engineers) to mitigate risks (Path 1)

regulated plants develop and implement Risk and Safety Management Plans customized for their specific sites that take into account additional risk management technologies and other processes (Path 2)

How do new or registered plant owners and users apply to opt-in to Path 1 or 2?

Application Guidelines would be posted when the proposed alternate rules launch, if approved.

How do registered plant owners and users continue following the existing regulation?

No change is required for plants to continue to comply with the existing regulation.

What are the costs to apply under paths 1 and 2?

Please review the Operating Engineers Fee Schedule.

What are the Path 1 application guidelines?

The Path 1 guidelines provide plant owners and safety managers with information that details TSSA’s expectations for applying under this path. Path 1 guidelines will be posted on the TSSA.org website in September, before applications are accepted on October 1, 2020.

What are the Path 2 Risk and Safety Management Plan development guidelines?

The Path 2 guidelines provide plant owners and safety managers with information and resources to support the development of the Risk and Safety Management Plan and also detail TSSA’s expectations regarding the contents of the Risk and Safety Management Plan. Read through the Operating Engineers Safety Program - Path 2 Risk & Safety Management Plan Guidelines for details.

When can I apply to Path 1?

TSSA would be ready to accept Path 1 applications starting on October 1, 2020, if alternate rules are approved.

Why are alternate rules pathways being launched in a phased manner?

If alternate rules are approved, the paths would be launched using a phased approach to accommodate and manage the volumes of applications that may occur in each phase. This phased approach allows TSSA to roll out guidance materials in sequence and educate industry on how each path works. The Path 1 implementation begins in October 2020, after TSSA successfully launches Path 2 in July, if alternate rules are approved.

How long does the application approval process take?

The timespan of the application process may vary depending on the accuracy, completeness and complexity of the information provided to TSSA. TSSA will time the process as new applications come in and update this section with an average process time at a later date.

How are the qualifications for Operating Engineers changing?

The proposed alternate rules, if approved, would offer Operating Engineers alternative methods of meeting certification requirements. These approaches would come into effect in January 2021, if approved. If approved, here are some of the changes that would be implemented:

Qualifying time would be represented in hours—instead of months—of job experience for more accurate accounts.
The certificate holder would have the option to pursue exams and meet the experience time required at their own pace.
Some experience accumulated working on regulated safety technologies, other than boilers—including compressors, refrigeration, and turbines—would be recognized as qualifying experience time.
Flexibility would be considered for types of locations in which experience can be gained, including out-of-province locations and unattended plants supervised by an Operating Engineer.

When are the qualifications for Operating Engineers changing?

If alternate rules are approved, TSSA would accept applications based on alternate certification requirements starting on January 1, 2021.

How do I opt-in to have my experienced assessed based on alternate certification requirements?

TSSA would be reaching out to the regulated community in fall 2020 to share information and collect feedback about the new process. When the guideline is released, please consult the guideline.

As an Engineering Firm, how do I perform a risk assessment and develop a Risk Management Safety Plan?

Please refer to the Canadian Standards Association (CSA) Z767-17 for process safety management code requirements, as well as the Operating Engineers Safety Program - Path 2 Risk & Safety Management Plan Guidelines, which state expectations and requirements for Path 2.

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