Washington — All employers must uphold an English language proficiency standard consistent with federal requirements when hiring foreign-born workers for positions requiring commercial motor vehicle operation, the Department of Labor says.
Under DOL Office of Foreign Labor Certification guidance issued May 14 and effective June 15, the department says, “While proficiency in the English language remains a bona fide job requirement that many employers already disclose on job orders and/or applications entailing the operation of a CMV, the explicit inclusion of language requiring ELP for all employers has not previously been required.”
The requirement was instituted to “ensure uniformity,” DOL says. It applies regardless of whether a driver is required to possess a commercial driver’s license under Federal Motor Carrier Safety Administration regulations.
The Consolidated Appropriations Act of 2026 (H.R. 7148), signed Feb. 3 by President Donald Trump, codifies an Executive Order issued by Trump in April 2025 mandating that truck drivers be placed out of service for failing an English proficiency test. The test includes a driver interview and an assessment of highway traffic sign recognition.
FMCSA will remain responsible for English testing and screening.
“Holding employers to existing English language proficiency requirements is critical to keeping Americans safe on our roads,” acting Labor Secretary Keith Sonderling said in a press release. “At President Trump’s direction, the Department of Labor is doing our part to ensure that foreign workers possess necessary English language skills to safely operate commercial motor vehicles.”
DOL will issue a notice of deficiency and pause the employment certification process for employers who don’t adhere to the standard.
“Employers are reminded that the material terms and conditions of employment, including all job requirements, must not be contrary to federal, state, or local laws and regulations,” DOL says.
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Original article published by Safety+Health an NSC publication