BakerHostetler Obtains Fifth Circuit Vacatur of OSHA Mental-Illness Recordkeeping Rule for ExxonMobil

BakerHostetler represented ExxonMobil in an appeal before the U.S. Court of Appeals for the Fifth Circuit, securing a complete victory on July 21, 2026. The Fifth Circuit vacated the OSHA citation and penalty issued against ExxonMobil and invalidated OSHA’s mental-illness recordkeeping rule in a published opinion. The court concluded that OSHA exceeded the authority Congress granted under the Occupational Safety and Health Act by attempting to require employers to record employee-reported work-related mental illnesses through its recordkeeping regulations. Applying the Supreme Court’s post-Loper Bright framework, the Fifth Circuit held that the statute authorizes regulation of physical workplace injuries and illnesses, not mental illnesses, and emphasized that federal agencies must identify clear congressional authorization for the regulations they promulgate. The decision has nationwide implications for employer compliance, administrative law, and the scope of OSHA’s rulemaking authority. BakerHostetler represented ExxonMobil with a team composed by: Partner Richard B. Raile; Counsel Micah R. Smith; Partners Andrew M. Grossman, Mark W. DeLaquil and Greg Dillard; and Associate Benjamin D. Janacek.

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BakerHostetler Obtains Fifth Circuit Vacatur of OSHA Mental-Illness Recordkeeping Rule for ExxonMobil

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BakerHostetler Obtains Fifth Circuit Vacatur of OSHA Mental-Illness Recordkeeping Rule for ExxonMobil

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