Key Takeaways
What Happened: On July 21, 2026, the U.S. Court of Appeals for the Fifth Circuit held that Section 8 of the Occupational Safety and Health Act (OSH Act) does not authorize the Occupational Safety and Health Administration (OSHA) to require employers to record work-related mental illnesses. The court vacated 29 C.F.R. § 1904.5(b)(2)(ix) and set aside a citation and a $691 penalty issued to an employer alleging the failure to record a work-related mental illness. Exxon Mobil Corp. v. Occupational Safety & Health Review Commission, No. 25-60108 (5th Cir. July 21, 2026). Although this precedent is only regionally binding, the court’s vacatur of the rule has nationwide practical effect.
Who’s Impacted: Employers subject to OSHA’s injury and illness recordkeeping requirements, particularly those whose policies treat work-related mental-health diagnoses as recordable under the vacated rule.
Potential Next Steps: Employers should review recordkeeping policies and monitor for… Read the complete article here...
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