The U.S. Court of Appeals for the Fifth Circuit has ruled that the Occupational Safety and Health Administration (OSHA) lacks the statutory authority to mandate that employers record work-related mental illnesses on injury and illness logs. This decision came in the case Exxon Mobil Corp. v. Occupational Safety and Health Review Commission, No. 25-60108, decided on July 21, 2026. The court vacated a section of OSHA’s Recordkeeping regulation, specifically 29 C.F.R. § 1904.5(b)(2)(ix), which required reporting of mental health conditions like post-traumatic stress disorder (PTSD). This ruling overturns OSHA’s previous requirement that employers maintain records of certain work-related mental illnesses, even with support from a healthcare provider.
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Most employers subject to OSHA's regulations must keep records of specific work-related injuries and illnesses using OSHA Forms 300 and 301. These records help OSHA collect data on workplace incidents, identify trends, and target enforcement and compliance efforts. OSHA Form 300 serves as a log of all qualifying safety and health incidents, requiring documentation on the nature of injuries, affected body parts, and whether an incident resulted in days away from work or other outcomes. Meanwhile, OSHA Form 301 provides detailed accounts of these incidents, including the causes and treatments involved.
The case involved a 2021 explosion during which an employee involved in emergency response efforts was later diagnosed with PTSD by multiple healthcare professionals, who deemed it work-related—a conclusion disputed by the employer. OSHA subsequently cited the employer for not recording this mental illness as required by its regulations.
In its ruling, the Fifth Circuit stated that OSHA had overstepped its authority by enforcing a rule that required recording mental illnesses. The court interpreted 29 U.S.C. § 657(c)(2), which allows for recording of work-related deaths, injuries, and illnesses, as primarily pertaining to physical conditions. The court noted that OSHA’s statutory framework primarily reflects congressional concern with physical hazards, while dictionary definitions at the time of the act's 1970 enactment suggested that