A refinery-fire PTSD case just redrew what safety teams must record
A federal appeals court has struck down the rule that required employers to log workers' job-related mental illnesses, reshaping recordkeeping duties for HR.
On July 21, 2026, the Fifth Circuit Court of Appeals ruled that Occupational Safety and Health Act (OSHA) overstepped its authority when it required employers to record employees' work-related mental illnesses. The court vacated the rule and set aside a citation and penalty the agency issued to ExxonMobil.
The case grew out of a December 2021 accident at Exxon's Baytown, Texas refinery. A pipe ruptured during repairs, and the hydrocarbon release caused a large explosion and a fire that burned for eight hours. Several workers were hurt.
One process technician, identified in court only as Employee 2, twice went into the burning unit to help firefighters shut off valves feeding the blaze. He had worked at the plant since 2008.
Afterward, he sought help for anxiety through Exxon's employee assistance program. A licensed clinical social worker diagnosed him with post-traumatic stress disorder linked to the fire. A second social worker and his primary physician reached the same conclusion.
Exxon decided those three providers lacked the "appropriate training and experience" the rule required to diagnose a recordable work-related mental illness. The worker then saw another provider listed in Exxon's assistance program, who also diagnosed Post-Traumatic Stress Disorder (PTSD) and advised six months away from work.
Exxon agreed that provider was qualified but sought a second opinion, which OSHA guidance permits. Its designated evaluator reviewed the file and concluded the worker did not have work-related PTSD. Exxon then declined to record the diagnosis.
The union reported that decision to OSHA. In June 2022, the agency cited Exxon for an "other-than-serious" recordkeeping violation. An administrative law judge upheld the citation and assessed a $691 penalty. When the review commission declined to hear Exxon's appeal, the ruling became final, and Exxon petitioned the Fifth Circuit.
The court zeroed in on one question: whether "illnesses" in the OSHA covers mental as well as physical conditions. It found the narrower reading better. The statute pairs "injuries" and "illnesses" and excludes "minor injuries requiring only first aid" - wording the court said pointed to physical harm.
For HR and safety teams, the effect is significant. With the rule gone, employers no longer face an OSHA requirement to log work-related mental illnesses on Forms 300 and 301. The ruling also spotlights the EAP referral trail and second-opinion process behind Exxon's recording choice.
The court did not reach Exxon's remaining arguments. The ruling is a slip opinion.
