Jose Lema, Failing to Protect Employee from Fall, New York 2024

Grimy Times EXCLUSIVE

In a devastating blow to the construction industry, Jose Lema, the 41-year-old founder and principal of ALJ Home Improvement, Inc., was sentenced to four months in prison for willfully violating Occupational Safety and Health Administration (OSHA) regulations, resulting in the death of an employee.

On February 8, 2022, Lema sent Victim-1 and three other ALJ employees to install a roof on a three-story multi-family apartment building under construction in New Square, New York. Tragically, Victim-1 fell to his death from the roof after ascending a ladder without fall protection.

This was not the first time an employee of Lema and ALJ fell to their death at one of ALJ’s worksites or that ALJ employees were exposed to fall hazards. A fatal fall occurred on February 27, 2019, involving an ALJ employee who slipped off the roof of a newly constructed three-story home in Kiamesha Lake, New York.

Despite multiple OSHA investigations and citations, Lema continued to disregard regulations, putting the lives of his employees at risk. U.S. Magistrate Judge Judith C. McCarthy noted that Victim-1’s death was ‘avoidable’ and that Lema’s repeated failures to comply with fall protection regulations were a major contributing factor.

In addition to the prison term, Lema was sentenced to one year of supervised release. U.S. Attorney Damian Williams praised the outstanding work of OSHA, the Department of Labor, Office of the Inspector General, and the Special Agents of the U.S. Attorney’s Office for their tireless efforts in bringing Lema to justice.

The prosecution is being handled by the Office’s White Plains Division, with Assistant U.S. Attorney Margery Feinzig in charge. This case serves as a stark reminder of the importance of prioritizing workplace safety and the severe consequences that can result from neglecting regulations.

As Grimy Times continues to expose the darker side of the construction industry, we urge readers to share their stories and information about similar incidents. Together, we can create a safer and more accountable work environment for all.

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