U.S. Circuit Court Says Mental Illness Not a Recordable Injury

What happened: A federal court July 21 said the Occupational Safety & Health Administration (OSHA) lacks legal authority to require employers to record work-related mental illnesses, including post-traumatic stress disorder (PTSD). The ruling from the U.S. Court of Appeals for the 5th Circuit covers Texas, Louisiana. and Mississippi.

Background: The case stems from an explosion and fire at an ExxonMobil facility, where an employee who participated in emergency response efforts was later diagnosed with PTSD. OSHA cited the employer for not recording the employee’s condition. The employer argued that OSHA did not have legal authority to require employers to record work-related mental illnesses. The Fifth Circuit court agreed.

What’s next: The Court’s decision means employers are only legally required to record physical work-related injuries and illnesses. The ruling is binding only within the three states mentioned. However, the decision creates the potential for further litigation and review of existing policies by the agency.

Until the issue is resolved nationally, employers should continue to monitor, document, and appropriately respond to work-related mental health concerns while consulting legal counsel regarding OSHA recordkeeping obligations.

For more information, contact ARTBA’s Brad Sant or Prianka Sharma.