| Hardship Permits Toolkit for Employees with Driving Problems |
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| Ignition Interlock Devices |
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Background
If a state employee with a Hardship Permit needs to drive on state business, the employing agency must follow the State Agency Instructions for Requesting a Certificate of Self-Insurance for an Employee with a Hardship Permit.
RM has developed two checklists to assist state agencies with making risk-adjusted business decisions regarding state employees with Hardship Permits:
- State Agency Risk Assessment Checklist for Hardship Permits
- State Agency Loss Control Plan for Hardship Permits
Ignition Interlock Devices
After conviction for certain driving related offenses, an employee may be required to install an Ignition Interlock Device in the employee’s private vehicle. If the employee needs to drive on state business, there are some business decisions that must be made by the employing agency. These decisions may have very different ramifications and insurance coverage issues. Prior to making these business decisions, we strongly recommend that you contact us for advice and perform a thorough risk assessment of the situation. This risk assessment will assist your agency in developing a stringent loss control plan.
We developed a tool to assist you in this process, it is located on our Web site.
Ignition Interlock Device (IID) – Private Vehicles
If a state employee’s drivers’ license is suspended as a result of a conviction for driving under the influence of intoxicants and the employee is granted a Hardship Permit:
- An IID is required to be installed in the employee’s private vehicle for the duration of the Hardship Permit.
- The IID is required to remain in the employee’s private vehicle for the first six months after the ending date of the suspension arising from the conviction.
Prior to allowing an employee to drive the employee’s private vehicle on state business with an IID installed, we recommend you contact us for advice, include this decision as part of your risk assessment and seriously consider the business ramifications e.g. public perception, agency reputation, transportation of clients or other state employees, etc.
We require by policy amendment that all employees driving private vehicles on state business with an IID installed carry Automobile Liability coverage in the amount of at least $1 million that includes a Business Use Endorsement. Your agency must see the employee’s insurance policy to verify the required coverage and that business use has been added to the employee’s policy. Even if the employee’s private Automobile Liability policy is endorsed for business use, a State Self-Insurance Certificate is required for the employee to be covered (excess of the employee’s private Automobile Liability policy) by Risk Management while driving on state business in a private vehicle equipped with an IID. Include the steps you will take to address IID related risks to the state in your Loss Control Plan.
Ignition Interlock Device (IID) – State Vehicles
Once your agency has performed a risk assessment, developed a loss control plan for how you will manage the employee, and made the decision to allow the employee to drive state vehicles during the time period the IID is required, you will need to do the following:
- If a state employee with a Hardship Permit and the requirement of an IID needs to drive on state business, the employing agency must follow the State Agency Instructions for Requesting a Certificate of Self-Insurance for an Employee with a Hardship Permit.
- If the employee is required to drive a state vehicle on the job, the state is exempt from installing an IID in the vehicle the employee is required to drive on the job, if the agency completes DMV’s “Employer Ignition Interlock Device (IID) Exemption” (Form 735-6874).
- Stating that your agency is aware of the IID requirement, and does not want the device installed in the agency’s vehicles
- Verifying that the employee is required to drive the state’s vehicles in the course of their employment
- Have the form signed by the head of your agency or that person’s duly designated delegate
The employee must carry a copy of the Exemption form when operating any state vehicle. See DMV’s Web site for the Employer Ignition Interlock Device Exemption form (pdf). Note: If your agency makes a business decision not to apply for an exemption from installing an IID in a state-owned vehicle and to allow the installation of the IID, DAS RM’s prior written approval is required as part of Requesting a Certificate of Self-Insurance for an Employee with a Hardship Permit.
- Complete the “Employer Ignition Interlock Device (IID) Exemption” (Form 735-6874).
- Stating that your agency is aware of the IID requirement, and does not want the device installed in the agency’s vehicles
- Verifying that the employee is required to drive the state’s vehicles in the course of their employment
- Have the form signed by the head of your agency or their delegate
- The employee will need to carry a copy of the exemption form when operating any state vehicle.
If your agency will allow an employee to drive state vehicles during the time period the IID is required, we recommend that you contact us for advice and perform a thorough risk assessment of the employees’ job duties to assist your agency in developing, implementing and monitoring a stringent loss control plan that will assist your agency in managing the situation. Include the steps you will take to address IID-exemption related risks to the state in your Loss Control Plan submitted to DAS-Risk Management.
Mental Health Provider Requirement
The following is included for your information. In some circumstances, if an employee has been suspended for two or more driving under the influence of intoxicants convictions within a five-year period, the employee may be required to submit to DMV a written recommendation for a Hardship Permit from an alcohol treatment program (Mental Health recommendation) or other health care professional as a condition for being granted a Hardship Permit. The recommendation must be from a program approved by the Department of Human Services, Oregon Office of Mental Health and Addiction Services.
This is Personally Identifiable Health (Medical) Information that your employee may be required to supply to DMV in order to qualify for a Hardship Permit. This information should not be submitted to your agency. It will be your employee’s obligation to obtain the DMV-required evaluation and recommendations. However, you may decide, independently, to require that your employee participate in a “Last Chance Agreement” or recommend that they seek counseling with the Employee Assistance Program. Follow your agency’s human resources policy or process on Last Chance Agreements or EAP counseling. A Last Chance Agreement or EAP evaluation may be part of your Loss Control Plan. Do not include any medical or health information, evaluations or health professional recommendations in the Loss Control Plan or self-insurance request to Risk Management.
History: New 1/06.
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