- Fifth Circuit concluded the best reading of the statutory provision treats “illnesses” as physical rather than mental.
- The court vacated the mental‑illness recording rule and set aside the citation/penalty in the Exxon case.
- Ruling arose from a refinery explosion/fire in Baytown, Texas and a subsequent PTSD diagnosis of an employee.
- Employers cited under the vacated rule may have grounds to challenge similar recordkeeping requirements.
- The Fifth Circuit did not rule on other OSHA reporting provisions that require immediate incident notification.
- Exxon’s citation and penalty tied to the mental‑illness recording requirement were set aside by the court.
- Other circuits could reach different conclusions — the ruling may prompt additional litigation.
- Regulators or OSHA could revise rules or pursue appeals; stakeholders should watch for further cases or agency action.
- Employers remain required to comply with other reporting provisions until other courts or regulators act.
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