Fifth Circuit Rules OSHA Recordkeeping Requirements Do Not Apply to Workplace Mental Illness and Affirms Viability of Loper Bright Defense0

• HEALTH, Legally Speaking
• September 1, 2026

By Michael Metz-Topodas and Jacob Tosti, Saul Ewing LLP A decades-old Occupational Safety and Health Administration (OSHA”) requirement has come to an end. Certain employers no longer need to record employees’ work-related mental illness on OSHA’s record-keeping forms due to a recent decision from the United States Court of Appeals for the Fifth Circuit in