Updated
Updated · Bloomberg Law · Jul 23
Fifth Circuit Voids OSHA Mental-Illness Recording Rule in Exxon PTSD Case
Updated
Updated · Bloomberg Law · Jul 23

Fifth Circuit Voids OSHA Mental-Illness Recording Rule in Exxon PTSD Case

3 articles · Updated · Bloomberg Law · Jul 23

Summary

  • A Fifth Circuit panel vacated both an OSHA citation against Exxon Mobil and the underlying rule requiring employers to record work-related mental illnesses.
  • The case centered on a process technician who developed PTSD after responding to a refinery explosion, which OSHA said had to be logged under the Occupational Safety and Health Act.
  • The court held OSHA exceeded its authority because the Act’s reference to “illnesses” covers only physical ailments, relying on statutory context and contemporaneous dictionary definitions.
  • The ruling narrows OSHA’s recordkeeping reach for workplace-related mental health conditions and removes the citation tied to the Exxon incident.

Insights

With mental illness off federal logs, are US employers now entering a confusing patchwork of conflicting state-level safety mandates?
As science blurs the line between mental and physical health, can a 1970s-era law still effectively protect today's American workers?
Why does U.S. law legally separate mental and physical harm when other major industrialized nations increasingly treat them as one?