Real-Time Risk - TIMELY NEWS AND TIPS TO HELP REDUCE RISK - March 2022 - STATE OF OREGON: SB 569

Sep 20, 2026

March 2022 Real-Time Risk briefing addresses Oregon’s Senate Bill 569 and its impact on employer use of driver’s licenses. The law restricts collecting or requiring a driver’s license during hiring unless driving is an essential job function tied to a legitimate business purpose. Guidance covers updating job descriptions, aligning job postings with essential functions, and ensuring compliance when using Oregon DMV’s Automated Reporting Service. Recommendations include reviewing essential functions, revising policies and handbooks, and implementing vehicle checkout and insurance verification processes where driving is infrequent.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Employers Must Update Job Descriptions and Policies

Driving as an Essential Function of the Job

Updating Job Descriptions is More Important Than Ever

Scope of the Problem

Effects of Not Updating Job Descriptions

Oregon DMV Automated Reporting Service

Public Employers Must Take Action to Address SB 569

Real-Time Risk TIMELY NEWS AND TIPS TO HELP REDUCE RISK March 2022 STATE OF OREGON: SB 569 Employers Must Update Job Descriptions and Policies to Monitor Employees’ Driver’s Licenses Lawfully By Laurie Olson, CIS Senior Risk Management Consultant The passage of Senate Bill 569 during the 2021 Oregon legislative session left us with a new law. SB 569 made it unlawful for an employer to require a driver’s license as a condition of employment unless the ability to drive is related to a legitimate business purpose or is characterized as an essential job function. The new law means the employer cannot require a driver’s license as part of the identification step of the hiring process. It does allow the employee to “offer”(without coercion) their driver’s license as a part of the identification (I9 process), but the employer may not require it. Driving as an Essential Function of the Job The employer can require a driver’s license if driving is an essential function of their job—and driving is related to a legitimate business purpose. The good news is Effective January 1, 2022, employers cannot require a driver’s license as part of the identification step of the hiring process. Continued on next page Real-Time Risk Continued from previous page many organizations may already be in compliance. But if not, it’s time to take stock in how your entity uses driver’s licenses for identification, driving, and checking driving records. Updating Job Descriptions is More Important Than Ever! Now is the time for employers to take a hard look at job descriptionsand make sure they accurately reflect whether jobs require driving as an“essential function.” What’s more, there will likely be problems if job postings list driving as an essential job function, where the job description does not. Scope of the Problem As part of the best-practice survey Risk Management consultants perform, CIS members reported only 53% of pool members had updated job descriptions. CIS reports a total of 22,908 employees in the pool. Not all of whom drive for their employer—but hopefully, those who do—have vetted driving records. Still, the pool averages 400 motor vehicle accidents per year, costing around $2 million. This shows that even drivers with acceptable driving records get into motor vehicle accidents. Accidents are common and can be costly. Effects of Not Updating Job Descriptions as it Relates to Monitoring Employee Driving Records Now that it’s clear that SB 569 prohibits an employer from soliciting adriver’s license at employment—unless driving is an essential function of the employee’s job—where do we go from here? It’s time to review the Essential Functions of employee positions, which is listed in their respective job descriptions. SURVEY SAYS 53% of employers from CIS’ last survey reported they have updated job descriptions. CIS Best Practices Survey Results Continued on next page Real-Time Risk Continued from previous page OREGON DMV For years, public sector employers have struggled to update their job descriptions. Yet, an organization risks not complying with SB 569 if they continue to use an employee’s driver’s license information in Oregon’s DMV Automated Reporting Service when their job description does not list driving as an essential function of their job. As a reminder, the Oregon Department of Motor Vehicles (DMV) currently allows public sector agencies to utilize the DMV Automated Reporting Service. The public sector employer can enter employee driver’s license number into the DMV system, and the DMV will notify the employer in real-time if an accident, conviction, or suspension is associated with the employee’s motor vehicle record. This driving record monitoring service was granted to government agencies under ORS 802.175 – 802.191 to satisfy an obligation that government agencies have a responsibility to protect their communities by ensuring people who drive publicly owned vehicle

FAQs

What does Oregon SB 569 change for employers during hiring?

Effective January 1, 2022, employers cannot require a driver’s license as part of the identification step of the hiring process. Employees may offer their license without coercion, but the employer may not require it.

When can an employer require a driver’s license under SB 569?

An employer can require a driver’s license when driving is an essential function of the job and related to a legitimate business purpose.

How should public sector employers handle the Oregon DMV Automated Reporting Service?

SB 569 does not ban monitoring for employees who drive publicly owned vehicles as part of their job. Employers must stop using DMV ARS for all employees as a blanket practice and ensure entries align with job descriptions identifying driving as an essential function.

Sep 20, 2026

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