OE Alternate Rules FAQs

What is the existing 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 Minister of Government and Consumer Services has approved Alternate Rules for certain requirements of Operating Engineers Regulation 219/01 including plant staffing, certification time requirements and electronic log book requirements. Alternate Rules offer a different approach to achieving safety compliance at Ontario’s plants, other than following the existing regulation.

Alternate Rules facilitate a risk-based approach to the regulation, address qualifications for Operating Engineers and include two alternative paths for plant staffing and operation. They exist in parallel with the regulation – they do not replace the regulation.

Are Alternate Rules optional? 

Yes, Alternate Rules are optional. The Operating Engineers (OE) regulation is the core of Ontario’s regulatory framework. Now that Alternate Rules are approved, plant owners will have the option to comply with Path 1 or Path 2, or to continue to comply with the current OE regulation. Alternate Rules for certification and log books are more permissive than O. Reg. 219/09.

What options do plants have with Alternate Rules?

Existing plants are obligated to meet the requirements in the current Operating Engineers regulation. Plant owners and users have the option to explore operating their plants under alternate safety paths (Path 1 and Path 2) and may apply to TSSA to opt in to one of the alternate paths.

How can plant users opt in to be governed by the alternate rules?   

Will TSSA regulate plants operating under Alternate Rules?

There are three safety paths available, and TSSA regulates all of them. All three safety paths are monitored for safety compliance by TSSA.

• Path 0 – Plants are managed in accordance with the requirements under O. Reg 219/01.
• Path 1 – Plants are regulated and rated based on a risk calculation measured by many factors, in addition to the installed power rating of a plant (kilowatts).
• Path 2 – Regulated plants implement Risk and Safety Management Plans (RSMPs) customized for their specific sites. RSMPs may include additional risk management technologies and other processes developed by professional engineers and accepted by TSSA.

The Path 1 approach measures the size, complexity and safety risk of many factors, in addition to a plant’s power rating, such as:

• Technology type – boilers, refrigeration, steam prime movers and compression
• Plant configuration – design, operating environment and process parameters
• Plant occupancy and type of exposure

These above factors are used to calculate a risk rating for the plant, which is then used to determine appropriate staffing requirements (subject to the Chief Officer’s right to adjust the plant staffing requirements as necessary).

If you would like to find out more information on Path 1, please consult the Path 1 Guidelines.

Path 2 of the Alternate Rules requires plant owners and users to customize their own site-specific Risk and Safety Management Plans (RSMPs), which are reviewed for acceptance by TSSA. Path 2 launched on November 2, 2020.

• The plan must be signed by a professional engineer and be approved by a member of senior management of the plant who is responsible for plant safety responsible for site safety and must provide evidence to support the plant’s ability to maintain safety, based on an acceptable risk level.
• If the plant’s RSMP is accepted by TSSA, the plant must maintain safety compliance records for review by TSSA.
• Plants are subject to regular TSSA inspections and audits of RSMP-related documents and records.

If you would like to find out more information on Path 2, please consult Path 2 Guidelines.

What are the costs to apply to operate under Paths 1 and 2?

To find out more about application fees, view the fee schedules on our website.

How did TSSA develop the Path 1 risk methodology?

Since the receipt of the Operating Engineers Risk Task Group’s Path 1 methodology in 2018, TSSA has been testing the Path 1 methodology with sample plant inventory in Ontario to further refine the risk formula and various coefficients associated with different types of plant equipment.

How can I find out what my plant risk rating will be for Path 1?

Please consult the Path 1 Summary of Plant Rating Calculations document. 

What are the Path 1 application guidelines?

The guidelines highlight TSSA’s expectations for applying under this path.  Read through the Path 1 guidelines for details.

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

The Path 2 guidelines provide resources to support the development of the Risk and Safety Management Plan (RSMP) and also detail TSSA’s expectations regarding the contents of the RSMP. Read through the TSSA's Risk Management Safety Plan development guidelines for details.

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.

As an Engineering Firm or plant owner, 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 TSSA’s Risk Management Safety Plan development guidelines.

Alternate Rules offer Operating Engineers alternative methods of meeting certification requirements. Some of the changes include:

• Qualifying time will be expressed in hours (instead of months) of job experience for more accurate accounts.
• Certificate holders will have the option to pursue exams and meet the experience requirements concurrently or at their own pace.
• Some experience accumulated working on regulated safety technologies, other than boilers – including compressors, refrigeration and steam prime movers – will be recognized as qualifying experience time.
• Flexibility is considered for types of locations in which experience can be gained, including out-of-province locations and unattended plants supervised by an Operating Engineer.

There is no requirement to “opt in” for the certification alternate rules, as TSSA will apply Alternate Table 8 to all applicants who are applying for certification. 

Alternate Table 8 provides certificate applicants with more flexibility than the existing requirements of Table 8 in O. Reg 219/01, including the following:

• Qualifying time will be expressed in hours of job experience (instead of in months) for more accurate accounts.
• Certificate holders will have the option to pursue exams and meet the experience requirements concurrently or at their own pace.
• Some experience accumulated working on regulated safety technologies, other than boilers – including compressors, refrigeration and steam prime movers – will be recognized as qualifying experience time.

A passing grade on an examination that is a prerequisite for a certificate of qualification shall be valid for a period of five years or such other period as determined by the chief officer.

How do I know if I am getting the right qualifying time if the plant is operating under OE Alternate Rules?

As defined in Ontario Regulation 219/01, (d)"qualifying experience" means practical operating experience obtained in regular work periods in a plant and includes training and instruction as prescribed in this Regulation. This is often referred to as “Steam Time”; however, the correct terminology is Qualifying Experience Time.

I was previously assessed and denied certification, can I be re-assessed under the OE Alternate Table 8?

Yes, but please be advised that you will be required to submit a new application (Application for an Ontario Certificate of Qualification as an Operating Engineer or Operator). All updated Qualifying Experience Time must be accurately updated as well. 

Why is the requirement for Qualifying Experience Time changing from months to hours? 

Qualifying Experience Time will now be represented in hours instead of months, which will make it easier to take into consideration unique shifts schedules and overtime worked and will enable an applicant to obtain their Qualifying Experience Time more efficiently. 

Can I use Qualifying Experience Time from multiple technologies toward my application for certification?

Yes, this will be permitted. The certification process will require minimum of 33% Qualifying Experience Time in the operation of Boilers for operating engineers at a registered plant. There will be a maximum of 33% of experience permitted on maintenance of regulated equipment, and the remainder of the experience requirements can be any combination of the technologies.

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 (kilowatts), regardless of other safety conditions or controls. Alternate Rules 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. A task group was subsequently 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 TSSA to adopt Alternate Rules. Engagement on the development and implementation of alternative approaches (Path 1 and Path 2) occurred in 2019 and 2020.

What are the benefits to the OE Alternate Rules?

The benefits of the OE Alternate Rules are as follows:

• Qualifying Experience Time will now be represented in hours instead of months which will take into consideration unique shifts schedules and overtime worked and will enable an applicant to obtain their Qualifying Experience Time more efficiently.
• Certificate holders will have the option to pursue exams and meet the experience requirements concurrently or at their own pace.
• Some experience accumulated working on regulated safety technologies, other than boilers (including compressors, refrigeration and steam prime movers) will be recognized as Qualifying Experience Time.
• Flexibility is considered for types of locations in which Qualifying Experience Time can be gained, including out of province locations and unattended plants supervised by an Operating Engineer.
• Out-of-province and/or unattended plant Qualifying Experience Time gained under the supervision of an operating engineer may be accepted