OE Alternate Rules FAQs

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

Are Alternate Rules optional? 

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 continue complying with the current OE regulation

What are Operating Engineers Alternate Rules?

Alternate Rules are for certain requirements in the 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 qualification for Operating Engineers and include two alternative paths for plants to achieve compliance. They exist in parallel with the regulation – they do not replace the regulation.

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.

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 several 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.

Path 1 of the Alternate Rules introduces several factors for risk rating plants beyond just the installed power rating of a plant (kilowatts), the sole component considered in the current regulation. Launch of Path 1 is planned for February 22, 2021.

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

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 will launch 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.

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.  

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 (RSMPs).

In April 2019, the Technical Standards and Safety Act, 2000, was amended to authorize TSSA to adopt Alternate Rules. Engagement on the alternative approaches (Path 1 and Path 2) also occurred in 2019.

More than half of the expert panel’s 25 recommendations will be enabled with the passing of Alternate Rules. The two major recommendations regarding the safe operation of plants were:

1. Ontario should adopt a risk-based approach to regulating the industry
2. 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 RSMPs customized for their specific sites that take into account additional risk management technologies and other processes (Path 2)

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

No additional action is required.

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

To find out more about application fees, view 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 goes beyond the requirements in the Alternate Rules. The guidelines highlight TSSA’s expectations for applying under this path. Path 1 guidelines are expected to be available prior to launch planned for February 22, 2021. 

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

The Path 2 guidelines provide plant owners and safety managers with information that goes beyond the general framework of the alternate rules. They 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 RSMP development guidelines for details.

Why are Alternate Rules pathways being launched in a phased manner?

Alternate Rules will be implemented in phases. This approach allows TSSA to roll out guidance materials in sequence and educate industry on how each path works. The Path 2 implementation is planned for November 2, 2020 and Path 1 will launch on February 22, 2021. OE certification changes will be implemented in May 2021. 

 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. 

Alternate Rules offer Operating Engineers alternative methods of meeting certification requirements. These approaches are planned to come into effect in May 2021. Here are some of the changes that will be implemented:

• Qualifying time will be represented 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 turbines—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.

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

TSSA will reach out to the regulated community later this year to share information and collect feedback about the new process. When the guideline is released, please consult the guideline.

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