Operating Engineers Alternate Rules: Next Steps

The Technical Standards and Safety Authority (TSSA) would like to thank the large number of stakeholders that took the time to provide their feedback on the clarity of the Alternate Rules to the Operating Engineers (OE) regulation. TSSA will share a high-level summary of the feedback and how it was considered in the final draft of the rules it submits to the Ontario Government for approval. The alternate rules will operate in parallel with the current regulation.

The development of the alternate rules has been informed by many different sources of input. Starting in 2016 an expert panel was formed by the Ontario Ministry of Government and Consumer Services and the TSSA to advise on alternative approaches to safety in power plants. Subsequently, two working groups were established to develop focused advice on two different safety approaches. The expert panel and working groups were made up of a diverse community including risk and industry experts, and operating engineers. Changes to the Act were made in April 2019 and engagement on the alternative approaches (Path 1 and Path 2) occurred in 2019. 

The alternate rules will see more than half of the Expert Panel’s 25 recommendations enabled. The two major recommendations regarding the safe operation of plants are: 

1. Ontario should adopt a risk-based approach to regulating the OE industry

2. The OE 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 kilowatts, and prescribed the number and certification level of Operating Engineers in attendance 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)

The recommendations of the expert panel focused on modernizing the regulatory process to respond to technological innovation (e.g. automated controls) and establishing alternatives to maintain and enhance safety. Currently, the Operating Engineers regulation is applied in a uniform fashion-based only on the installed power rating of the plant regardless of the conditions or controls at a plant. 

The Risk and Safety Management Plan (Path 2) option must be prepared with a Professional Engineer and submitted to TSSA for review and approval. It holds plant owners and users accountable by ensuring safety processes are implemented in accordance with national process safety management code requirements (CSA Z767-17).

TSSA will continue to provide inspections, enforce safety and maintain oversight of all plants in the province, regardless of which path is followed. 

Next Steps

Implementation of the Alternate Rules rollout will be staggered.

• The in-force date for Alternate Rules is planned for July 1, 2020.
• Draft Path 2 Guidelines and other documentation will be available in early June 2020.
• Path 2 submissions will be accepted starting July 1, 2020.
• Path 1 will be available to plants in October 2020.
• Revised certification requirements for Operating Engineers come into force in January 2021.