Federal Appeals Court Rules OSHA's Illness-Recording Requirement Does Not Include Mental Illnesses

A federal appeals court has ruled that an OSHA requirement mandating employers to record work-related mental illnesses is not valid. This decision was made by the U.S. Court of Appeals for the 5th Circuit and emerged from a case related to a December 2021 explosion and fire at an ExxonMobil oil refinery in Baytown, Texas, which injured four workers.

Following the incident, one employee who assisted firefighters in shutting off valves was diagnosed with post-traumatic stress disorder (PTSD) by multiple healthcare providers. ExxonMobil contested the qualifications of three of these providers under OSHA regulations. Although the company acknowledged that one provider was qualified, they sought a second opinion from their designated provider, per OSHA guidelines. The employee declined this meeting, and the designated provider later concluded that the employee did not have work-related PTSD. As a result, ExxonMobil chose not to record the mental illness in their OSHA logs.

According to OSHA regulation 1904.5, mental illnesses are only deemed work-related if the employee provides a qualified opinion from a licensed healthcare professional stating that the condition is work-related.

A union representing employees at the refinery filed a complaint with OSHA, which led to a citation and a $691 fine against ExxonMobil. The company appealed this decision to the Occupational Safety and Health Review Commission, where an administrative law judge upheld the citation.

In their unanimous ruling, the appeals court stated that while OSHA has the authority to require recording of work-related illnesses, it specifically pertains to physical illnesses and does not extend to mental illnesses. Chief Judge Jennifer Walker Elrod, along with Circuit Judges Jerry E. Smith and Cory T. Wilson, emphasized that OSHA's interpretation of its regulatory power regarding mental illnesses exceeded its statutory authority. Wilson conveyed that the statutory definition of "illnesses" pertains to physical ailments rather than mental health issues.

John D. Surma, a partner at Fisher Phillips, advised employers to remain informed about state regulations that may still mandate the recording of mental illnesses. He stressed that this ruling should not be seen as diminishing the importance of mental health in the workplace.