OSHA Recordkeeping Update: Fifth Circuit Vacates Mandatory Work-Related Mental Illness Reporting Rule

In a significant decision that narrows the Occupational Safety and Health Administration (OSHA) requirements under its Recordkeeping regulation, the U.S. Court of Appeals for the Fifth Circuit held that OSHA lacked statutory authority to require employers to record employee work-related mental illnesses on OSHA injury and illness logs. 

In Exxon Mobil Corp. v. Occupational Safety and Health Review Commission, No. 25-60108 (5th Cir. July 21, 2026), the court vacated a provision of OSHA’s Recordkeeping regulation requiring mental health illness reporting, 29 C.F.R. § 1904.5(b)(2)(ix), and set aside an OSHA citation and penalty issued to the company for failing to record an employee’s PTSD diagnosis. The ruling removes OSHA’s longstanding requirement that employers record certain work-related mental illnesses, even when supported by a qualifying healthcare provider’s opinion. 

Overview of OSHA Injury and Illness Reporting

Most employers covered by OSHA’s recordkeeping regulations are required to maintain records of certain work-related injuries and illnesses using OSHA Forms 300 and 301. OSHA uses these records to collect data regarding workplace injuries and illnesses, identify trends, and target enforcement and compliance efforts. They also help employers identify recurring safety risks and unknown safety hazards, and provide visibility of injuries to workers and inspectors. 

• OSHA Form 300 (Log of Work-Related Injuries and Illnesses) is an ongoing log of all qualifying safety and health incidents in the workplace that employers must maintain throughout the calendar year. For each recordable work-related injury or illness, employers document basic information about the employee, the nature of the injury or illness, the location and date of the injury or onset of the illness, the affected body part, and whether the incident resulted in days away from work, restricted duty, job transfer, or other recordable outcomes. 
• OSHA Form 301 (Injury and Illness Incident Report) provides a more detailed account of each recordable incident entered on the Form 300 log. Employers must complete a Form 301 for every injury or illness that is recorded on the Form 300 log, including information about how and why the incident occurred, and the treatment provided. 

Background

The case arose from a 2021 explosion and fire. An employee who participated in emergency response efforts following the incident was subsequently diagnosed with post-traumatic stress disorder (PTSD) by several healthcare providers, all of whom concluded that the condition was related to the workplace incident, which the employer disputed. OSHA thereafter cited the employer for violating its recordkeeping requirements in failing to record the purported work-related mental illness of the employee and assessed a penalty.

The dispute ultimately centered not on the employee’s diagnosis, but on whether OSHA possessed statutory authority under 29 U.S.C. § 657(c)(2) of the Occupational Safety and Health Act (OSH Act) to require employers to record work-related mental illnesses at all.

The Court’s Holding

The Fifth Circuit concluded that OSHA exceeded its authority when it promulgated the mental illness recordkeeping rule. According to the court, the “best reading” of 28 U.S.C. § 657(c)(2) authorizes OSHA to require the recording of physical work-related injuries and illnesses, but not mental illnesses.

In reaching this decision, the Fifth Circuit looked at the following:

• Statutory Context. The court emphasized that the statute authorizes OSHA to require records of “work-related deaths, injuries and illnesses” while excluding minor injuries requiring only first aid or not involving medical treatment, loss of consciousness, work restrictions, or job transfer. The court found these concepts are directed principally toward physical harms, suggesting Congress was focused on physical occupational injuries and illnesses. 
• Structure of the OSH Act. The court also examined the surrounding statutory provisions addressing occupational accidents, toxic materials, and harmful physical agents. In the court’s view, the broader recordkeeping and inspection framework reflected congressional concern with physical workplace hazards rather than psychological conditions.
• Dictionary Definitions of Illness. As the Act left “illness” undefined, the court reviewed dictionary definitions contemporaneous with the OSH Act’s 1970 enactment, finding that the ordinary meaning of “illness” generally referred to physical disease or sickness and did not clearly encompass mental illness.

What Does This Mean for Employers?

The immediate legal effect of the Fifth Circuit’s decision is strongest within the Fifth Circuit, which encompasses Texas, Louisiana, and Mississippi. In these states, the decision is precedent that Congress did not provide OSHA with authority to require employers to record work-related mental illnesses, and 29 C.F.R. § 1904.5(b)(2)(ix) is no longer valid. Employers with operations in those states should carefully evaluate the impact of the decision on their OSHA recordkeeping practices and any ongoing or future OSHA investigations involving employee mental health conditions.

Although the decision is directly controlling in the Fifth Circuit only, its implications extend well beyond those states. By holding that OSHA lacked statutory authority to require the recording of work-related mental illnesses, the court called into question OSHA’s longstanding position that its recordkeeping regulations encompass work-related mental injuries or illnesses, such as PTSD. The decision also reflects the growing influence of Loper Bright,¹ signaling that courts—particularly within the Fifth Circuit—may be less willing to defer to agency interpretations that are not clearly grounded in statutory text. Here, the court assessed whether OSHA’s reading of “illnesses” in 29 U.S.C. § 657(c)(2) to encompass “mental illnesses” was the best reading of the statute, not whether it was simply permissible. 

As for the practical impact on employer recordkeeping practices, employers should consider internally tracking work-related mental illnesses. Employees and supervisors should be trained to report work-related mental health conditions through established internal reporting channels, and employers should continue to investigate and document those reports. Mental health concerns can affect workplace safety, workers’ compensation claims, leave and accommodation obligations, and other employment-law considerations, regardless of whether they ultimately must be recorded on OSHA logs.

While this decision narrows recordkeeping requirements in the Fifth Circuit, employers should exercise caution before deciding not to record a work-related mental illness. Given the evolving legal landscape and the possibility of further agency or judicial action, recordkeeping decisions involving mental illnesses should be made on a case-by-case basis. Employers receiving reports of PTSD or other work-related mental illnesses should consult experienced OSHA counsel to evaluate whether the condition may be recordable under applicable law and to ensure compliance with OSHA’s reporting and recordkeeping requirements.