The Department of Labor has obtained a consent injunction ordering roofing company ALJ Home Improvement Inc., Nanuet, N.Y., and its owner, Jose Lema, to provide employees with fall-protection equipment and ensure it is used at all company worksites as required by federal law, according to the Occupational Safety and Health Administration. The company is not an NRCA member.
The order finds that by allowing employees to perform roofing work without fall protection, the company is exposing them to imminent danger of death or serious harm.
Since 2019, OSHA has cited ALJ Home Improvement multiple times for fall-related violations, including after company employees suffered fatal falls in 2019 and 2022. In May 2023, the company and Lema signed a settlement agreement with OSHA to resolve and affirm willful citations the agency issued in 2021, which includes enhanced provisions for correcting and preventing fall hazards.
Entered in the U.S. District Court for the Southern District of New York, the injunction requires ALJ Home Improvement and Lema to comply with the enhanced abatement provisions of the settlement agreement, including notifying OSHA of future company job sites; providing all supervisors with OSHA 30-hour safety training and all employees with OSHA 10-hour safety training; and retaining a qualified safety consultant to develop safety, health and disciplinary programs and conduct worksite inspections. If the company or Lema fail to comply with the agreement, DOL may file a contempt motion in federal court.
In a separate legal action, the U.S. Attorney for the Southern District of New York filed criminal charges against Lema in July 2023 arising from the 2022 worker fatality.
