In a recent decision dated July 21, 2026, the Fifth Circuit (which covers Texas, Louisiana and Mississippi) overturned OSHA’s mental illness reporting rule. OSHA’s rule requires employers to report mental illnesses when a qualified professional finds that the illness is work-related. In doing so, the Court held that the Occupational Safety and Health Act’s reference to “illnesses” only refers to physical and not mental, work-related ailments and conditions.
The decision is only binding on employers in the aforementioned states within the Fifth Circuit. Employers in other states and/or with multistate operations in other states should continue to comply with the mental illness reporting rule until their relevant Circuit Court and/or the Supreme Court address the issue.