On July 21, 2026, the U.S. Court of Appeals for the Fifth Circuit held that Section 8 of the Occupational Safety and Health Act does not authorize OSHA to require employers to record work-related mental illnesses. On September 4, 2026, the Secretary of Labor petitioned the Fifth Circuit for panel rehearing, asking the court to remove the portions of its July 21, 2026, decision vacating OSHA’s mental-illness recordkeeping rule.