Roofer Lema Gets Four Months for Deadly Fall

NEW SQUARE, NY – Jose Lema, 41, of Nanuet, New York, will spend four months in federal prison for a callous disregard for worker safety that culminated in the preventable death of one of his employees. Lema, the founder and principal of ALJ Home Improvement, Inc., was sentenced today by U.S. Magistrate Judge Judith C. McCarthy after pleading guilty to willfully violating Occupational Safety and Health Administration (OSHA) regulations.

The February 8, 2022 incident saw “Victim-1” fall from the roof of a three-story apartment building under construction in New Square, succumbing to injuries sustained in the fall. Federal prosecutors argued, and Judge McCarthy agreed, that Lema knowingly endangered his crew by failing to provide basic fall protection – a negligence that proved fatal. “Jose Lema endangered the safety of his workers by disregarding regulations and failing to ensure his employees used fall protection systems,” declared U.S. Attorney Damian Williams. “This conduct led to the death of a roof worker…today’s sentence should send a message to small businesses that failure to comply with safety regulations endangers workers.”

This wasn’t an isolated incident. Court filings reveal a pattern of recklessness. A prior ALJ employee died in a similar fall on February 27, 2019, in Kiamesha Lake, New York. OSHA repeatedly cited ALJ Home Improvement for fall protection violations at six other worksites between those two deaths. Even after Victim-1’s fatal plunge, another ALJ site drew OSHA scrutiny for the same dangerous conditions. Lema demonstrably ignored warnings and continued to put his workers at risk, prioritizing profit over human life.

Judge McCarthy didn’t mince words during sentencing, stating Victim-1’s death was “avoidable” and specifically highlighted Lema’s repeated failures to correct safety issues after the first tragic fall. The sentencing sends a stark message: cutting corners on safety isn’t just unethical, it’s a federal crime with severe consequences. While four months is a relatively short sentence, it’s a rare instance of a business owner being jailed for workplace safety violations.

Beyond the prison term, Lema will also serve one year of supervised release. The investigation was a collaborative effort between OSHA, the Department of Labor’s Office of the Inspector General, and Special Agents from the U.S. Attorney’s Office for the Southern District of New York. The prosecution was led by Assistant U.S. Attorney Margery Feinzig of the White Plains Division.

Grimy Times will continue to follow this case and report on any further developments. The incident serves as a grim reminder that workplace safety isn’t just a matter of compliance; it’s a matter of life and death. For families and coworkers, the sentence offers little comfort, but it may – hopefully – prevent similar tragedies in the future. The question remains: will it be enough to finally force companies to prioritize the well-being of their workers?