DOL Clarifies Driver Questions For H-2A Purposes

In a continuing effort to improve safety on the roads of the US, the Administration has added a bit more to the rules for H-2A workers coming to drive trucks in the US. This action is another move in the effort to make sure drivers are qualified and can understand the rules of the road.

As part of a couple of executive orders in the last year, English proficiency is a requirement for truck driving. Technically it always has been but since the Obama era, it has not been enforced to the point of putting drivers out of service. This stopped last year. Drivers must demonstrate English proficiency when stopped by law enforcement and if not pass, they will be put out of service.

Recent department of State guidance for drivers for a couple of different countries have required interviews for drivers that includes producing driving records from US and from their home locations. Part of that interview may also now include English proficiency because it will be in the job order

The DOL provided a FAQ that will require job orders that have a driving component to include as part of the qualifications to have the same English proficiency requirement as the DoT. The State Department and the Local law enforcement will continue to enforce this rule but if you have a driver as part of your H-2A Job Order, you will be required to include language for a certain level of English proficiency or the application will be be given a Notice of Deficiency.

Even though this is an FAQ we’re still waiting to see how this is going to end up in practice. Just be prepared as we get closer to time to apply for workers.

The Full DoL web page explaining this FAQ is here.

An interesting article on this can be found here for further reading.