Railroad Drug Abuse Prevention Act of 1988

(Measure passed House, amended)

Railroad Drug Abuse Prevention Act of 1988 - Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation to issue regulations within 90 days after the enactment of this Act to establish a program requiring each rail carrier to conduct at its own expense: (1) an employee and job applicant testing program for the use of alcohol or controlled substances; and (2) a substance abuse rehabilitation program. Mandates the immediate testing of employees whose job performance is reasonably suspected by the employer to be alcohol- or drug-impaired. Sets forth drug testing guidelines which conform to those promulgated by the Alcohol, Drug Abuse and Mental Health Administration.

Mandates that an employee whose test results confirm unlawful use of alcohol or controlled substances be suspended from duty without pay and referred to such rehabilitation program. Subjects such employees to employment discharge if they fail to complete the program successfully or test positive following successful completion of such program.

Establishes civil and criminal penalties for violations of this Act, including employee protection provisions.

Authorizes aggrieved railroad employees or job applicants to institute a civil action in any Federal district court for violation of their rights under this Act.

Directs the Secretary of Transportation to require each rail carrier performing testing under the Federal Railroad Safety Act of 1970 to report annually to the Secretary regarding the drug and alcohol testing programs. Prescribes report contents. Requires the Secretary to submit an annual report to the Congress compiling and analyzing such information.