[HISTORY: Adopted by the Town Board of the Town of Lansing 3-21-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
This chapter shall be known as "Local Law Number 1 of 2007."
Local Law Number 1 of 2007 hereby repeals any prior local law or resolution
that is inconsistent herewith. Local Law Number 1 of 2007 applies
only within those parts of the Town of Lansing, Tompkins County, New
York, that are outside of the incorporated Village of Lansing.
The Town Board of the Town of Lansing finds and declares that
workplace violence is a serious public health problem that demands
attention. During the last decade, homicide was the third leading
cause of death for all workers, and the leading cause of occupational
death for women workers. Workplace violence presents a serious occupational
safety hazard for workers, but many employers and workers may be unaware
of the risk. Moreover, the hazards of workplace violence are not currently
addressed by any specific federal or state laws. Thus, it is critical
to the maintenance of a productive workforce that the Town evaluate
its workplaces to determine the risk of violence, and to develop and
implement programs to minimize the hazard. Experience has shown that
when employers evaluate the safety and health hazards in their workplaces
and implement employee protection programs, the incidence of workplace
injuries is reduced. The Town, therefore, and further, finds and declares
that public health, safety and welfare would be advanced by enactment
of a local law requiring the development and implementation of workplace
violence protection program.
As used in this chapter, the following terms shall have the
meanings indicated:
Any representative recognized pursuant to a collective bargaining
agreement, or any representative permitted to participate in employee
affairs under law, including, but not limited to, the New York State
Civil Service Laws and Labor Laws. References to the participation
of any authorized employee representative means that such authorized
employee representative shall be given an opportunity to contribute
information, assist with analyzing statistics, assist with conducting
workplace risk evaluations, and assist with any determinations about,
and participate in, incident reviews.
The New York State Commissioner of Labor.
Any person(s) employed by the Town, including all public
officials, appointed officials, department managers, elected officials,
and full-time, part-time, intermediate and seasonal employees.
The federal Occupational Safety and Health Administration.
The discharge of, suspension of, demotion of, penalization
of, or discrimination against any employee, or other adverse employment
action taken against an employee in the terms and conditions of employment.
Any person within the Town's organization who has the
authority to direct and control the work performance of any other
employee(s), or who has the authority to take corrective action regarding
notice(s) about the violation of any law, rule, or regulation.
A committee appointed by the Town Supervisor that consists
of at least three members, one of which shall be a Town Board member,
and another of which shall be a person familiar with law or law enforcement,
which committee shall be primarily responsible for developing, maintaining,
reviewing, improving and updating the Town's Workplace Violence
Prevention Program.
The Town of Lansing, located in the County of Tompkins and
State of New York.
The Town Board of the Town of Lansing, located in the County
of Tompkins and State of New York.
The Supervisor of the Town of Lansing, located in the County
of Tompkins and State of New York.
Any location away from an employee's domicile, whether
permanent or temporary, where an employee performs any work-related
duty in the course of his or her employment by the Town.
Any physical assault, threatening behavior, and/or verbal
abuse occurring where an employee performs any work-related duty in
the course of his or her employment. Workplace violence may occur
without one person actually touching, striking, or doing bodily harm
to another person, and includes, but is not limited to, the following:
An attempt or threat, whether verbal or physical, to inflict
any injury upon another person; or
Any intentional display of force which would give a person reason
to fear or expect bodily harm; or
Intentional and wrongful physical contact with a person without
his or her consent that entails some injury or offensive touching;
or
Harassment arising out of or in the course of employment that
is of a nature that would give a person reason to fear escalation,
or make it difficult to pursue a normal work life or private life;
or
Stalking a person with the intent of causing fear or annoyance
when such stalking has arisen through or in the course of employment;
or
Any act of sexual harassment; or
Any assault or harassment (as defined under the New York Penal
Law); or
Any acts of verbal abuse; or
Any unreasonably aggressive behavior(s).
A summary of the Workplace Violence Prevention Program that
focuses upon the Town's policies and goals relating to workplace
violence, and provides notification as to the alert and notification
procedures for employees to follow to report an incident.
A written Town program designed to prevent, minimize and
respond to any workplace violence.
The Town shall evaluate its workplaces to determine the presence
of factors or situations in such workplaces that might place employees
at risk of workplace violence, including, but not limited to, duties
that involve:
A.
The exchange of money;
B.
The delivery of passengers, goods, or services;
C.
Mobile workplace assignments;
D.
Working with unstable or volatile persons in health care, social
service, or criminal justice settings;
E.
Working alone or in small numbers;
F.
Working late at night or during early morning hours;
G.
Working in high-crime areas;
H.
Guarding valuable property or possessions;
I.
Working in community-based or public settings;
J.
Uncontrolled access to the workplace; and
K.
Areas of previous security problems.
The Town shall appoint a Threat Assessment Team consisting of at least three members, one of which shall be a Town Board Member, and another of which shall be a person familiar with law or law enforcement. The Threat Assessment Team shall perform the evaluation listed in § 77-4, and shall, consistent with this chapter, develop, maintain, review, improve and update the Town's Workplace Violence Prevention Program. The Threat Assessment Team shall examine and assess the vulnerability of Town facilities and employees to workplace violence and reach agreement on preventive actions to be taken. The Threat Assessment Team shall also be responsible for: i) recommending and/or implementing employee training programs on workplace violence; ii) implementing plans for responding to acts of workplace violence; and iii) communicating internally with employees. Threat Assessment Team membership should include i) one or more representatives of the Town with experience in management, operations, security, finance, legal, and human resources, and ii) employees and/or Authorized Employee Representatives. Responsibility for auditing the overall Workplace Violence Prevention Program rests primarily with the Threat Assessment Team.
The Threat Assessment team shall perform a hazard assessment,
consisting, at a minimum, of the following reviews:
A.
Records review. The Threat Assessment Team shall review previous
incidents of violence to develop a baseline by i) identifying patterns
that may indicate the causes and severity of workplace violence incidents,
ii) identifying changes necessary to help prevent workplace violence,
and iii) developing an appropriate plan to correct these hazards.
The Threat Assessment Team should analyze the following, when available,
to complete a record review: OSHA 200 logs; incident reports; records
of, or information compiled for the recording of, workplace violence
incidents and similar events; medical records; insurance and loss
records; workers' compensation records; police reports; accident
investigations; training records; grievances; complaints about behavior,
both by employees and members of the public; and other relevant records
or information.
B.
Identify risk. The Threat Assessment Team should identify and analyze
any apparent trends in workplace violence incidents relating to particular
departments, units, job titles, unit activities, time of day, etc.
The Threat Assessment Team should communicate with other municipalities,
local businesses, trade associations, and community and civic groups
concerning their experiences with workplace violence.
C.
Workplace security analysis. In addition to a records review, the
Threat Assessment Team shall inspect the workplace, as well as evaluate
the work tasks of employees, to determine the presence of hazards,
conditions, operations, and situations which might place workers at
risk of workplace violence incidents. The Threat Assessment Team shall
conduct follow-up inspections of the workplace and observe hazardous
work tasks on a periodic basis.
D.
Workplace surveys. A questionnaire or survey should be distributed
to employees to identify the potential for violent incidents and to
identify or confirm the need for improved security measures. A sample
questionnaire and inspection checklist is available from the Town,
and the Threat Assessment Team shall improve such questionnaire and
develop additional questions or questionnaires, with input into design,
format, and dissemination thereof from employees and/or authorized
employee representatives. All employees shall be required to complete
the questionnaire(s).
E.
Employee questionnaires. Employee questionnaires shall be reviewed,
updated and distributed as needed, or at least once each calendar
year. Results should be analyzed and used to revise and improve the
overall content and implementation of the Workplace Violence Prevention
Program.
F.
Hazard control and prevention. The Threat Assessment Team should
identify and institute a combination of control methods designed to
eliminate or minimize the risks of workplace violence. These include,
but are not limited to: i) general building, work station, and area
design, and related security measures; ii) security equipment; iii)
work practice controls and procedures; iv) a Workplace Violence Prevention
Policy Statement; vi) a review of previous workplace incidents; vii)
a review of all logbooks of work-related injuries and illnesses; viii)
an examination of employee surveys and conditions that could be contributing
to potential incidents; and ix) security and inspection surveys. The
Town may implement these control measures alone or in combination
to address identified hazards. As part of this analysis, the Threat
Assessment Team shall consider the following:
(1)
General building, work station and area designs:
(a)
Review the design of all new or renovated facilities to ensure
safe and secure conditions for employees; and
(b)
Ensure that facilities are designed to ensure, where appropriate
or required, the privacy of citizens and employees, and their communications
and information; and
(c)
Ensure that employees can communicate with other staff in emergency
situations, including, where appropriate, by clear partitions, video
cameras, speakers, telephones, panic buttons, alarms, etc., as appropriate;
and
(d)
Design work areas and arrange furniture to prevent entrapment
of the employees and/or minimize potential for workplace violence
incidents; and
(e)
Control access to employee work areas, such as, where appropriate,
through the use of locked doors, buzzers, card access, etc.; and
(f)
Provide appropriate lighting systems for all indoor building
areas, as well as grounds around the facility and parking areas. Lighting
should meet the requirements of nationally recognized standards, such
as ANSI A-85, ANSI/IES RP-7 1983, ANSI/IES RP-1 1993, as well as local
building codes.
(2)
Security devices and systems. Security should not conflict with life
safety code requirements. Egress from inside the building must not
be impeded.
(a)
Security devices and features should consider utilizing:
[1]
Electronic alarm systems activated visually or audibly, which
such systems should identify the location of the room or location
of the employee by means of an alarm sound and/or a lighted indicator
or equally effective measure;
[2]
Utilizing closed-circuit television which permits the monitoring
of high risk areas, both inside and outside the building;
[3]
Metal detection systems to identify persons with weapons;
[4]
Cellular telephones, beepers, CB radios or hand-held alarms
or noise devices in field situations; and
(b)
Adequate personnel must be available to render prompt assistance;
and
(c)
Security equipment and systems should be examined and maintained
on a regular basis to ensure effectiveness.
(3)
Work practice controls and procedures:
(a)
Provide identification cards for all employees and require that
they be worn; and
(b)
Establish sign-in and sign-out books; and
(c)
Establish an escort policy for non-employees; and
(d)
Base staffing considerations on safety and security assessments
for both fixed site and field locations; and
(e)
Develop internal communication systems to respond to emergencies;
and
(f)
Develop policies on how to deal with emergency or hostage situations;
and
(g)
Develop and implement security procedures for:
(h)
Develop written procedures for employees to follow for any locations
where they feel threatened or unsafe; and
(i)
Provide information and give assistance to employees who are
victims of workplace violence or domestic violence, and develop procedures
to ensure confidentiality and safety for such affected employees;
and
(j)
Train employees on awareness, avoidance, and actions to take
to evade or prevent incidents of workplace violence, mugging, robbery,
rapes and other assaults; and
(k)
Modify existing work practices and procedures that expose employees
to an increased risk of workplace violence.
The Workplace Violence Prevention Program and the Workplace
Violence Policy Statement should be easily accessible to all employees.
Copies should be made available to employees upon request. The Town,
through the Threat Assessment Team, shall develop, approve, and implement
a written Workplace Violence Prevention Program for its workplaces
that includes, at a minimum, the following:
A.
A list of the risk factors and hazards present in the workplace;
B.
An identification of the methods the Town will use to help prevent
incidents of workplace violence, including, but not limited to:
(1)
Making high-risk areas more visible to more people;
(2)
Installing good external lighting;
(3)
Using drop safes or other methods to minimize cash on hand;
(4)
Posting signs stating that limited cash is on hand;
(5)
Providing training in conflict resolution and nonviolent self-defense
responses; and
(6)
Establishing and implementing reporting systems for incidents of
aggressive behavior and workplace violence.
C.
The inclusion of specific provisions for each of the following, all
of which shall be and remain i) relevant to the ongoing development,
review, and improvement of the Workplace Violence Prevention Plan,
and ii) part of the Town's elements of a Workplace Violence Prevention
Program:
(1)
A clearly written company Workplace Violence Policy Statement; and
(2)
Conducting employee and Supervisor training and education programs;
and
(3)
Providing procedures for the reporting of, investigation of, and
follow-up upon incidents of aggression and workplace violence, including
the regular evaluation and re-evaluation of protocols and procedures,
duly taking into account all legal and practical issues of confidentiality;
and
(4)
Planning, maintaining, and/or budgeting for adequate authority and
monetary resources so that identified goals and assigned responsibilities
can be met; and
(5)
Including and encouraging employee participation in the design and
implementation of the Workplace Violence Prevention Program, including
participation by authorized employee representatives; and
(6)
Refusing to tolerate aggression and workplace violence (a "zero tolerance"
program); and
(7)
Developing and implementing programs and procedures to reduce risk
and incidents of aggression and violence; and
(8)
Applying workplace violence policies consistently and fairly to all
employees, including Supervisors; and
(9)
Requiring prompt and accurate reporting of violent and aggressive
incidents, whether or not physical injury has occurred; and
(10)
Ensuring anti-discrimination and freedom from retaliatory actions
against victims of workplace violence, and those who report incidents
and provide witness or evidence in connection therewith.
(11)
Procedures requiring a review the Workplace Violence Prevention Program
at least annually, and immediately after the occurrence of a workplace
violence incident, and, if necessary, the contents of the Workplace
Violence Prevention Program shall be updated within a reasonable time
after such review is completed.
(12)
Evaluate the need for, and procedures for, obtaining crisis counseling
for employees after the occurrence of a workplace violence incident.
This counseling must be provided by a mental health professional following
generally accepted mental health practices, and the procedures shall
be developed in conjunction with the input of a qualified a mental
health professional.
The Town shall provide its employees with the following information
and training on the risks of Workplace Violence in their Workplaces,
both at the time of their initial assignment and annually thereafter:
B.
The Workplace Violence Policy Statement goals and objectives shall
be posted in a conspicuous location at the place of employment where
notices to employees are normally posted; and
C.
Employee training shall include and identify, at a minimum, i) the
measures employees can take to protect themselves from such risks,
including specific procedures the Town has implemented to protect
employees, such as appropriate work practices, emergency procedures,
use of security alarms and other devices, and ii) the details of the
written Workplace Violence Prevention Program developed by the Town.
At a minimum, all employees, regardless of their level of risk, should
be taught:
(1)
Techniques for recognizing the potential for violence;
(2)
Procedures, policies, and work environment arrangements developed
to control risk;
(3)
Proper use of security hardware;
(4)
The appropriate response to incidents of aggression and violence,
including emergency and hostage situations;
(5)
How to obtain medical assistance and follow-up;
(6)
Procedures for reporting, investigating and documenting incidents
of aggression and workplace violence;
(7)
How to travel safety to, from, and within the workplace; and
(8)
Safe cash handling procedures.
D.
Effective training should: i) be given during the workday; ii) use
easily understood terminology; iii) be given in languages spoken by
the employees; iv) provide sufficient time for questions and answers;
v) be conducted by trainers knowledgeable or qualified in their field
of expertise; and vi) be conducted before taking a new job assignment,
annually, and when laws or procedures change. Employees with job tasks
or locations that place them at higher risk for violent incidents
should be provided additional specialized training designed to deal
with the nature of this risk.
E.
Supervisors should:
(1)
Undergo additional training to enable them to recognize a potentially
hazardous situation or to make any necessary changes in the physical
plant, staffing, or policy and procedures to address any risk;
(2)
Be trained to ensure that employees are not placed in assignments
that compromise safety;
(3)
Be trained in methods and procedures which will reduce security hazards;
(4)
Be trained to behave compassionately towards coworkers when an incident
does occur;
(5)
Ensure that employees follow safe work practices and receive appropriate
training;
(6)
Reinforce the Workplace Violence Prevention Program, promote safety
and security, and ensure employees receive additional training as
the need arises.
F.
Security personnel need to be trained, whenever possible, for the
specific job, facility layout, and security hardware in the workplace,
and for identified high risk jobs.
A.
Incident reporting. Any employee who is involved in a workplace violence
incident, or who is a witness to such incident, shall report such
incident immediately to his or her Supervisor or to the Town Supervisor,
and follow all procedures for reporting such incidents. Employees
shall provide all necessary details (date, time location, witnesses,
etc.) regarding the workplace violence incident, including the names
(or descriptions) of those involved. Any employee who believes that
a violation of the Workplace Violence Protection Program exists, or
that an imminent danger of an incident of workplace violence exists,
shall immediately bring such matter to the attention of their Supervisor
or the Town Supervisor in the form of an oral notice (with a follow-up
written notice) and shall afford the Town a reasonable opportunity
to investigate and correct such activity, policy, or practice. This
written notice requirement shall not apply where an employee reasonably
believes in good faith that reporting to a Supervisor or the Town
Supervisor would not result in corrective action, but in such case,
immediate and prompt notice shall be provided to some other Supervisor
of the Town or to the Commissioner.
B.
Prompt action steps. Each reported incident shall be evaluated by
the Threat Assessment Team. Once an incident occurs, the Town should:
(1)
Report it to the local Police Department;
(2)
Secure work areas where disturbances occurred;
(3)
Ensure the physical safety of employees and others remaining in the
area as soon as possible;
(4)
Ensure that no work area is left short-staffed while others assist
the victim or help in securing the area;
(5)
Quickly assess the work area, if it was disturbed or damaged during
an incident, to determine if it is safe; and
(6)
Provide critical and confidential incident debriefing to victims,
witnesses and other affected employees.
C.
Investigation. After an incident occurs, a detailed fact-finding
investigation shall be conducted as soon as possible. When conducting
this investigation, the Threat Assessment Team should:
D.
Inspection. When a request for an inspection has been made in a situation
where there is an allegation of an imminent danger, such that an employee
would be subjected to injury or death, the inspection shall be given
the highest priority and shall be carried out immediately. If, following
a referral of an incident, and after a reasonable opportunity to correct
such activity, policy or practice, the matter has not been resolved
and the employee, or authorized employee representative, still believes
that a violation of a Workplace Violence Prevention Program requirement
remains, or that an imminent danger still exists, such employee, or
authorized employee representative, may request an inspection by giving
notice to the Town Supervisor or the Commissioner of such violation
or danger. Such notice and request shall:
E.
Inspection by Commissioner. If the Commissioner will inspect the
workplace:
(1)
A copy of the notice and request shall be provided by the Commissioner
to the Town Supervisor no later than the time of inspection by the
Commissioner, except that, at the request of the person giving such
notice, such person's name, and the names of individual employees
may be withheld.
(2)
A representative of the Town and an authorized employee representative
shall be given the opportunity to accompany the Commissioner during
an inspection, for the purpose of aiding such inspection. Where there
is no authorized employee representative, the Commissioner shall consult
with a reasonable number of employees concerning matters of safety
in the workplace.
(3)
A copy of the Workplace Violence Prevention Program, risk evaluation
and determination records, and workplace violence training records
will be made available by the Town to the Commissioner at the opening
conference of any Department of Labor inspection or consultation.
Before releasing this information, the Town may redact any information
that is deemed to be confidential or of a secure nature that is not
pertinent to the protection of employees from workplace violence risks,
such as, but not limited to, employee home or cell telephone numbers,
protected security procedures and staffing patterns, building access
codes, etc.). The Town may not redact any i) risk factors identified
during any risk evaluation and determination that was performed, ii)
methods or procedures utilized to prevent workplace violence, or iii)
employee training information. Any redacted information shall be made
available for review by the Commissioner upon request.
(4)
The authority of the Commissioner to inspect any workplaces shall
not be limited to the alleged violation contained in such notice.
The Commissioner may inspect any other workplace i) for which he or
she has reason to believe that a serious violation of this chapter,
or any state or federal law, rule, or regulation exists, or ii) pursuant
to a general administrative plan for the enforcement of law, including
a general schedule of inspections, which provides a rational administrative
basis for such inspection.
F.
Within 30 days after the occurrence of a workplace violence incident,
the Town shall complete and submit a Workplace Violence Incident Report.
This report may be in any format, but must include, at a minimum,
the following information: workplace location; the date of incident;
the time of the incident; a description of the incident; the names
of involved employees; the extent of any injuries; the names of all
witnesses; and information on preventative actions that the Town has
taken or is considering as a result of the incident to mitigate against
further like occurrences. Copies of reports which meet the recording
requirements of 12 NYCRR Part 801 shall be forwarded to the nearest
Division of Safety and Health (DOSH) District Office. DOSH Form 901
or WCB Form C2, with the required information added, may be utilized
for this purpose.
G.
Any workplace violence incident that may be of a criminal or domestic
violence nature shall be immediately reported to police authorities
in accordance with law. The Town shall also follow New York State
Division of Labor, DOSH, and OSHA reporting procedures regarding harassment-type
workplace violence incidents.
H.
Neither the Town, nor any Supervisor, may undertake, commit, or promote
any retaliatory action against any employee because the employee,
in good faith;
(1)
Provides any notice of any violation of workplace violence protocols
or requirements;
(2)
Submits any notice to the Commissioner;
(3)
Requests any inspection;
(4)
Accompanies the Commissioner or Town Supervisor upon any inspection;
(5)
Acts as a complainant or witness to any alleged act of workplace
violence, or reports the same; or
(6)
Avails himself or herself of any right or remedy afforded under this
chapter.
The Town shall develop and maintain an effective recordkeeping
system that keeps all records up to date. At a minimum, the following
records should be kept: i) an OSHA 200 Log (OSHA and related New York
State regulations require the recording of any injury which requires
more than first aid, causes loss of consciousness, requires modified
duty, or results in lost time from work, and all following listed
items must also be recorded in such logbook(s); ii) records of all
assaults, aggressive behavior, and incidents of workplace violence;
iii) doctors' reports of work injuries; iv) Supervisors'
reports; and vi) reports of all fatalities or catastrophes. An employee
death resulting from an employment accident or illness caused by or
related to a workplace hazard, or the hospitalization (not "examination
and release") of three or more employees resulting from an employment
accident or illness caused by a workplace hazard must be orally reported
to OSHA, DOSH, and the Commissioner by the Town within eight hours.
Additionally, 12 NYCRR Part 801, known as the "Pubic Employer Recordkeeping
Rule," which is implemented pursuant to § 27-a of the New
York State Labor Law, shall be complied with for recording and reporting
employee injuries or illnesses due to workplace violence incidents.
The Town shall follow all federal, state and local laws and regulations,
and shall comply with its own internal procedures, in the reporting
of workplace violence incidents. The types of records that shall be
kept and preserved by the Town, and utilized by the Threat Assessment
Team for periodic or other review, should include records of:
A.
Incidents of assaults and workplace violence, which should describe
who was involved, the type of activity (i.e., unprovoked sudden attack),
and all other circumstances of the incident. The records should include
a description of the location/environment, potential or actual costs,
lost time, nature of injuries sustained, etc.; and
B.
Incidents of abuse, verbal attacks or aggressive behavior, even if
not resulting in any injury. Any acts of aggression should be recorded
even if not threatening to the employee, such as, but not limited
to, incidents of pushing, shouting, intimidating behaviors, etc.;
and
C.
Minutes of safety meetings and inspection reports that contain findings,
corrective actions recommended relative to workplace violence, along
with the Town's response and completion dates for action items;
and
D.
Training records, which should include dates the training was conducted,
the type of training given, the employees trained, etc.; and
E.
Inspection records, which should include dates of inspection, areas
inspected, all findings and recommendations, any control measures
implemented, etc.; and
F.
Employee questionnaires that assess employee's views of high
risk work areas and activities; and
G.
Insurance records; and
H.
Workers' compensation records, but subject to confidentiality
and disclosure requirements and limitations; and
I.
Medical records, but subject to confidentiality and disclosure requirements
and limitations; and
J.
Police reports; and
K.
Any other record herein required to be kept or maintained, or required
to be kept and maintained by any other law, rule, or regulation.
The terms, benefits, and provisions of this chapter may be amended
from time to time, in the discretion of the Town Board. Publication
of a notice of public hearing pertaining to the amendment of this
chapter shall be and be deemed sufficient notice to any affected persons
of any amendment hereto.
The provisions of this chapter shall not diminish the rights
of employees pursuant to any law, rule, regulation, or collective
bargaining agreement. Nothing in this chapter shall change or alter
the Town's obligation to comply with workplace safety standards
as set forth by the County of Tompkins, the State of New York or the
United States, and each of their respective departments and agencies.
This chapter is intended to supplement and augment those requirements
by regularly providing for and requiring inspections, training, and
evaluations of the workplace.
If the provisions of any article, section, subsection, paragraph,
subdivision, or clause of this chapter shall be adjudged invalid by
a court or other tribunal of competent jurisdiction, such order or
judgment shall not affect or invalidate the remainder of any article,
section, subsection, paragraph, subdivision or clause of this chapter.
Any such invalidity shall be confined in its operation to the clause,
sentence, paragraph, section or article thereof directly involved
in the controversy in which such order or judgment shall have been
rendered.
