To amend the Federal Railroad Safety Act of 1970 to provide for drug and alcohol testing for railroad employees.
Railroad Drug Abuse Prevention Act of 1989 - 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 program testing 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.
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. Permits such employee to be reinstated to duty only after the performance of a minimum of 40 hours of community service in alcohol and drug abuse prevention and treatment efforts, unless the Secretary for good cause waives such requirement. Subjects such employees to employment discharge if they fail to complete the program successfully or test positive following its successful completion.
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 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. Requires the Secretary to submit an annual report to the Congress compiling and analyzing such information.
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Transportation and Hazardous Materials.
Subcommittee Hearings Held.
Forwarded by Subcommittee to Full Committee (Amended).
Subcommittee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-198.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-198.
Placed on the Union Calendar, Calendar No. 130.
Mr. Luken, Thomas moved to suspend the rules and pass the bill, as amended.
Mr. Whittaker demanded a second on the motion to suspend the rules.
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Considered under suspension of the rules.
On ordering a second Agreed to without objection.
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1208.
Received in the Senate and read twice and referred to the Committee on Commerce.