Feds petition court to restrain ‘imminent danger’ by Rockland roofer

A Rockland roofing contractor who was criminally charged in July in the death of an employee has consented to U.S. Department of Labor civil penalties and proposed remedial actions.

The Labor Department filed a petition to restrain imminent danger against contractor Jose Lema and ALJ Home Improvement Inc., Sept. 26 in U.S. District Court, White Plains.

Lema, of Nanuet, has signed off on a settlement with the labor agency on behalf of himself and his company. Now the government is asking the court to order Lema and his company to avoid, correct or remove practices “that could reasonably be expected to cause death or serious harm.”

In the criminal case, Lema, also known as Jose Lema Mizhirumbay, was accused of willful violations of U.S. Occupational Safety and Health Administration regulations that resulted in the death of an employee.

A 25-year-old roofer slipped on a wet and icy roof at a three-story apartment building in New Square, Rockland County on Feb. 8, 2022, fell 30 feet and died from his injuries.

OSHA regulations require anyone working more than six feet above the ground at residential construction projects to wear safety harnesses that are anchored to the roof. In this instance, according to criminal court records, the worker was inadequately anchored to the roof.

It was the second fatality in three years on an ALJ worksite. In 2019, a worker slipped and fell 35 feet from the top of a three-story house in Kiamesha Lake, Sullivan County. He was not wearing a safety harness.

Lema has repeatedly pledged over the years to provide safety training for his workers, according to court records, but OSHA inspectors from the Tarrytown office have repeatedly witnessed ALJ employees working without protection.

From 2019 to 2023, eight investigations resulted in 40 citations and $2.3 million in penalties.

In the criminal case, Lema potentially faces six months in prison and a $250,000 fine. But according to a Sept. 20 filing, the assistant prosecutor and defense attorney are discussing a possible disposition without trial.

In the civil case, Lema has affirmed that he controls how his employees perform their work.

He agreed to provide safety training for his workers and himself; hire a safety consultant; develop a safety and health plan; create site-specific safety plans; use daily safety checklists; designate a safety supervisor on each worksite; allow unannounced inspections six times a year for two years; and permit warrantless entry by OSHA to all worksites for four years.

Penalties that total $244,581 would be reduced to $125,000. But if Lema fails to complete any of the safety measures, he would owe the entire $244,581.

The case is assigned to U.S. District Judge Philip M. Halpern for review and approval. Lema, according to the Labor Department, does not oppose the motion asking the judge to approve the settlement.