Rail bill amended and then pulled after debate over CDC compliance and federal preemption

Senator Clark Tucker introduced Senate Bill 478 as a measure to recognize rail workers as essential in the event of a national pandemic declared by the Centers for Disease Control and Prevention and to require railroad operators in the state to comply with workplace guidelines provided by the CDC during such a declaration. The committee accepted an amendment removing references to the state health department.

Rail labor leaders urged passage on public-safety and infrastructure-maintenance grounds. Wayne Denson, state chairman for the Brotherhood of Locomotive Engineers and Trainmen, said railroad operations are critical to the state’s supply chain and that crews work in close quarters, placing them at risk in a pandemic. “If something were to spread ... our crews go down,” Denson said, highlighting the potential for system disruption and urging recognition of rail workers’ essential role.

Industry witnesses and counsel, including Paul Benham for the Arkansas Railroad Association and Michael Gerga of BNSF, argued the bill is unnecessary and legally flawed. Benham said the Federal Railroad Administration (FRA) and Surface Transportation Board have regulatory authority over railroad safety and operations; he noted the FRA issued an emergency order on masks and that the FRA does not permit states to extend federal guidelines beyond FRA authority. BNSF described extensive internal COVID protocols—masks, widespread sanitizers, contact tracing and vaccination coordination—and said the bill would unfairly single out one sector.

Committee members expressed concern that the bill’s current wording could require railroads to comply with federal CDC "guidelines" in a manner that creates state-level enforcement obligations and potentially conflicts with federal regulatory schemes. Sponsor Tucker agreed to revise the draft language; the committee voted to pull the bill from consideration and re-notice it for further amendment rather than advancing it today.