Background
The case arose after an employee at an ExxonMobil refinery in Baytown, Texas, developed post-traumatic stress disorder following a major explosion and fire. The employee received a diagnosis from a qualified provider, but ExxonMobil declined to record the condition on OSHA forms, arguing the provider did not meet specific criteria or that the condition was not work-related. OSHA issued a citation and penalty for failing to record the mental illness, which the company challenged before the Occupational Safety and Health Review Commission and subsequently in this court.
The court’s reasoning
The court applied statutory interpretation to determine whether the Occupational Safety and Health Act grants OSHA authority to require recording of mental illnesses. The court examined the text of Section eight, which authorizes regulations for recording deaths, injuries, and illnesses. The court found that the context of the statute, including exclusions for minor injuries and references to physical agents, indicates that the term illnesses refers only to physical ailments. The court rejected OSHA’s reliance on legislative history and general purpose statements, noting that specific statutory text controls over general goals. The court concluded that Congress did not delegate authority to OSHA to mandate the recording of mental illnesses.
Based on the text of the statute, the answer is no.
United States Court of Appeals for the Fifth Circuit, No. 25-60108, Page 1
What it means going forward
Employers are no longer required to record work-related mental illnesses on OSHA Forms 300 and 301 under the vacated rule. OSHA citations issued for failure to record such conditions are invalid, and the agency must rely on other statutory authorities if it wishes to address workplace mental health.