Therefore, it is paramount that employees provide truthful information regarding their vaccination status. OSHA recognizes that it may be difficult for an employer to determine whether an employees COVID-19 illness is work-related, especially when an employee has experienced potential exposure both in and out of the workplace. The requirements of the standard do not apply to the employees of covered employers who do not report to a workplace where other individuals such as coworkers or customers are present or while working from home. Under Executive Order 14043, every federal agency must implement a program requiring each of its federal employees to be vaccinated against COVID-19, except as required by law. I operate a facility subject to a vaccination mandate under the health order. 2.A.7. Employers should note that any additional costs incurred to bring vaccination on-site would be covered by the employer, though such an approach would likely reduce the amount of paid time needed for vaccine administration (but not side effects) because of reduced employee travel time. No, the ETS does not preempt generally applicable requirements meant to protect public health by helping to prevent the spread of COVID-19 in public spaces. changed circumstances. Most organized religions do not prohibit vaccinations. As to the COVID-19 vaccine specifically, neither the Pfizer nor Moderna vaccines contain fetal cells. If so, an employer who has both vaccinated and unvaccinated employees will have to develop and include the relevant procedures for two sets of employees in the written policy. For example, an employer may provide this information to employees through email communications, printed fact sheets, or during a discussion at a regularly scheduled team meeting. However, the 2020 religious exemption rule did not provide clarity. If OFCCP determines that a contractor is entitled to the religious exemption, is it completely exempt from following Executive Order 11246? If an employee is entitled to a reasonable accommodation due to a disability or sincerely held religious belief that prevents them from being vaccinated, would the employee still need to be tested weekly? However, if testing for COVID-19 conflicts with a workers sincerely held religious belief, practice or observance, the worker may be entitled to a reasonable accommodation. In scenarios in which employees of a staffing agency are placed at a host employer location, only the staffing agency would count these jointly employed workers for purposes of the 100-employee threshold for coverage under this ETS. In the near future, the federal Occupational Safety and Health Administration (OSHA) and the North Carolina Division of Occupational Safety and Health (NC OSH) are likely to require most larger employers to adopt a vaccine mandate (see here).Vaccine mandates are lawful, subject only to . According to the CDC, NAATs are considered the gold standard for clinical diagnosis of SARS-CoV-2 and may have a higher sensitivity (i.e., ability to correctly generate a positive result) than antigen tests. An employer is only required to report work-related COVID-19 fatalities and in-patient hospitalizations. Under paragraph (l)(3)(i), the employer must provide its written policy to the Assistant Secretary for examination and copying within 4 business hours of a request. The plan should be made readily accessible to all employees through the employers normal methods of distributing information to employees. An employer who grants a religious accommodation may later choose to discontinue it depending upon changing circumstances and hardships, while employees may seek additional or different accommodation if their beliefs or practices change. Yes. need to choose the employee's requested accommodation if other SCOTUS To Review Religious Accommodation Test And Potential Takeaways For Employers. Health Administration ("OSHA"). An employer 2.D. Biden's mandate will require that employees of businesses with at least 100 workers either be vaccinated against COVID-19 or undergo weekly testing beginning on January 4. Finally, employers should be on the lookout for additional 2.E. Under 29 CFR part 1904, employers must generally provide access to the 300logto employees, former employees, and their representatives with the names of injured or ill employees included on the form. Religious Exemptions from COVID-19 Vaccination: . Is one time sufficient? In addition to addressing the requirements of paragraphs (e)-(j) of this standard, the employer should include all relevant information regarding the policys effective date, who the policy applies to, deadlines (e.g., for submitting vaccination information, for getting vaccinated), and procedures for compliance and enforcement, all of which are necessary components of an effective plan. information" and not on "speculative hardships." These digitally-read tests are not considered to be self-read and therefore do not require observation by the employer or an authorized telehealth proctor to satisfy the standard. Therefore, documentation of the negative pooled test result would satisfy the paragraph (g)(1) documentation requirement for each employee in the pool and no additional testing is necessary. OSHA included the requirement for some type of independent confirmation of the test result in order to ensure the integrity of the result. be challenged based on factors that undermine an employee's For the Pfizer-BioNTech COVID-19 vaccine, the primary vaccination series takes 21 days to complete. Independent contractors do not count towards the total number of employees. The Equal Employment Opportunity Commission (EEOC) explains the right to request a religious exemption under Title VII on its website and specifically discusses the vaccine mandate. Experts worry religious exemptions could undercut COVID-19 mandates, even though most major religions don't object to vaccines. The employer is required to comply with the requirements of the ETS as long as it is in effect. The employees statement must: Employees should include in their statement, to the best of their recollection, the type of vaccine administered, date(s) of administration, and the name of the health care professional(s) or clinic site(s) administering the vaccine(s) to be acceptable. are alternative accommodations that would not impose an undue from a vaccination requirement would impose an undue hardship. However, the standards protections would only apply to the 10 employees working in indoor settings around other individuals (other than telework in their own homes), not to those employees working exclusively outdoors. 7.H. 11.C. Do I have to maintain a copy of each COVID-19 test result for each of my unvaccinated employees? COVID-19 tests that are cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the FDA to detect current infection with the SARS-CoV-2 virus (e.g., a viral test) are permitted under the ETS when used as authorized by the FDA and with a Clinical Laboratory Improvement Amendments of 1988 (CLIA) certification when appropriate. Or rather . consult with legal counsel regarding local, state and federal wage In December, the EEOC released guidance stating that private employers can generally mandate that employees get the COVID-19 vaccine. 1.B. Any employee seeking an exemption for the required COVID-19 vaccination, regardless of covered individual status, may access exemption request information under University Policy 60.1.35. The updated EEOC Guidance instructs that employees seeking a May pool testing be used to comply with the ETS? Employers must pay employees for up to four hours of time at the employees regular rate of pay. You may sign up for OFCCP email alerts of upcoming events and you may also submit questions or call the Help Desk for information. 4.A. Whether the religious exemption applies is a highly fact-specific inquiry that depends on the particular employment scenario at issue. vaccination based on "social, political, or personal An employer must engage in an interactive process with its employee to determine whether a reasonable accommodation exists under the particular circumstances. 7.J. 9.C. How will the Administration ensure the availability of adequate testing capacity to satisfy the potential increase in demand the ETS may create? Employee Religious Exemption Form; Testing and Vaccine Clinics. The host employer, however, would still be covered by this ETS if it has 100 or more employees in addition to the employees of the staffing agency. Is a self-administered and self-read COVID-19 test acceptable under the ETS if an employee submits a photograph of the test results to their employer after? If the employer decides to adopt a policy under paragraph (d)(2), that simply means that employees themselves may choose not to get vaccinated, in which case they must get tested and wear face coverings per the requirements of the standard. Executive Order 11246 prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. The maximum of four hours of paid time that employers must provide for the administration of each primary vaccination dose cannot be offset by any other leave that the employee has accrued, such as sick leave or vacation leave. Employers must begin compliance with the testing requirements of paragraph (g) only for employees who have not yet received the requisite number of doses for a primary vaccination series (i.e., employees who have not received any doses, employees who have received only one dose of a two-dose series) by February 9, 2022. Do vaccinated employees need to be removed from the workplace if they test positive for COVID-19? Although the Guidance does not specifically address an This means that they have a condition or disability recognized by the Federal Drug Administration ("FDA") or Centers for Disease Control and Prevention ("CDC") that prevents them from receiving a COVID-19 vaccination. OSHA considers vaccination records required by paragraph (e) of the ETS to be employee medical records concerning the health status of an employee and is requiring this personally identifiable medical information to be maintained in a confidential manner. If an employee's request for an accommodation does not readily demonstrate that their belief is sincere or religious in nature, the employer may make further inquiries, such as: request additional information about the employee's belief system, the nature and tenets of their asserted beliefs, and how they follow the practice or belief; review written religious materials describing the belief or practice; and. COVID-19 VACCINATION AND TESTING POLICY AND PROCEDURE Policy #: To be assigned. religious nature or the sincerity of a particular belief. of the vaccine, do not qualify as 'religious beliefs' under Is vaccination status considered in counting employees? receives a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test if the employee chooses to seek a NAAT test for confirmatory testing; meets the return to work criteria in CDCs Isolation Guidance (incorporated by reference, 1910.509); or. OSHA will regard a federal agencys compliance with this requirement, and the related Safer Federal Workforce Task Force guidance issued under section 4(e) of Executive Order 13991 and section 2 of Executive Order 14043, as sufficient to meet the agencys obligation to comply with this ETS under Section 19 of the OSH Act and Executive Order 12196. However, when the employee returns to work they must continue to wear a face covering in accordance with paragraph (i) of this ETS. The ETS states that the employer must make available, for examination and copying, the individual COVID-19 vaccine documentation and any COVID-19 test results required by the ETS for a particular employee to that employee and to anyone having written authorized consent of that employee by the end of the next business day after a request. Does the ETS apply to U.S. No. preferences, or on nonreligious concerns about the possible effects This approach would comply with the standard so long as the employer complies in full with paragraphs (d)(1) and (d)(2) for the respective groups. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Diagnostic tests detect parts of the SARS-CoV-2 virus and can be used to diagnose current infection. However, the agency recognizes that where the employee or employer uses an off-site laboratory for testing, there may be delays beyond the employees or employers control. to a Covid-19 vaccination requirement is not religious in nature, In general, the courts have weighed the following factors in assessing whether this test is satisfied: (1) whether the entity operates for a profit; (2) whether it produces a secular product; (3) whether the entitys articles of incorporation or other pertinent documents state a religious purpose; (4) whether it is owned, affiliated with, or financially supported by a formally religious entity such as a church or synagogue; (5) whether a formally religious entity participates in the management, for instance by having representatives on the board of trustees; (6) whether the entity holds itself out to the public as secular or sectarian; (7) whether the entity regularly includes prayer or other forms of worship in its activities; (8) whether it includes religious instruction in its curriculum, to the extent it is an educational institution; and (9) whether its membership is made up by coreligionists. impose additional requirements on employers or provide greater The ETS does not contain specific requirements for the employer to establish or maintain records of employee notifications of a positive COVID-19 test or diagnosis of COVID-19 by a licensed healthcare provider. It depends on whether any of your employees are required to comply with the testing/face covering provisions of 1910.501(g)(2) pursuant to an exemption or accommodation. Do I have to keep records when I receive notice that an employee tested positive for or was diagnosed with COVID-19? On October 25, 2021, the U.S. Workers face religious test to avoid vaccine mandates. consult with counsel and refer to government websites and 2.K. .table thead th {background-color:#f1f1f1;color:#222;} Legal experts say the Civil Rights Act of 1964 does not allow individuals to claim religious exemption from mask mandates. They do not have to cite Title VII or even use the term "religious accommodation" but they must tell their employer that there is a conflict between their sincerely held religious beliefs and the employer's vaccine requirement. However, when an employers policies or procedures change, the employer must provide any updated or supplemental information to employees. 1001 and Section 17(g) of the OSH Act, which provide for criminal penalties associated with knowingly supplying false statements or documentation. This documentation must be preserved by the employer. workplace, the nature of the employee's duties, the number of #block-googletagmanagerheader .field { padding-bottom:0 !important; } Nothing in this section prevents host employers from imposing additional requirements for contractor employees at their worksites, such as requiring that all employees, regardless of vaccination status, wear face coverings while working indoors. In determining whether the ministerial exception applies to any employees of a qualifying religious organization, OFCCP, in consultation with the Solicitor of Labor, would take into account all relevant circumstances as guided by Supreme Court precedent. Will a single over-the-counter (OTC) COVID-19 test satisfy the weekly testing requirement of the ETS even for an OTC test that requires completion of more than one test (serial testing) per the Emergency Use Authorization? Thus, for employees who have no other means of obtaining proof of vaccination, the standard permits employers to accept attestations meeting the requirements in paragraph (e)(2)(vi) as proof of vaccination. Antibody tests do not meet the definition of COVID-19 test for the purposes of this ETS. "Undue hardship" requires more than a showing of minimal Why are employers required to provide OSHA with the aggregate number of fully vaccinated employees at the workplace along with the total number of employees at that workplace within 4 hours of a request? employee protections than under Title VII. You can also find a vaccination site near you by going to Vaccines.gov - Search for COVID-19 vaccine locations . div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} accommodation. No. If an employee does have a sincere religious belief that prevents them from receiving the COVID-19 vaccine, the employer must then determine whether it can offer a reasonable accommodation. No. As more employers require their workers to get vaccinated against COVID-19, more workers are finding religion. 4EP (H}]iG_0|\>`TnLt3Gb.Fl9:D%W}`g,_7*G)N2J&Z+dTC#&T'q$j'M(:{$|cHQNI]0> ng^>x8r2l 6.M. Therefore, the record maintenance requirements cannot be fulfilled by an employee merely showing the employer their vaccination status (e.g., by bringing the CDC COVID-19 vaccination card to the workplace and showing it to an employer representative or showing an employer representative a picture of the immunization records on a personal cellphone). y&U|ibGxV&JDp=CU9bevyG m& The employee can return to work if they receive a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test (the most common screening test). In the event that a State Plan fails to adopt this ETS, or a comparable standard, such failure to act will result in a determination by Federal OSHA that the State Plan is not at least as effective as Federal OSHA. For example, an employer may initially opt to allow only paper copies as proof of COVID-19 test results. or is not sincerely held, Title VII does not require the employer State Plans are required to adopt and enforce occupational safety and health standards that are at least as effective as Federal OSHAs requirements (29 U.S.C. In cases where working remotely or in isolation is not possible, OSHA encourages employers to consider flexible and creative solutions, such as a temporary reassignment to a different position that can be performed by telework. 1.https://www.eeoc.gov/newsroom/eeoc-issues-updated-covid-19-technical-assistance-0, 2.https://www.cdc.gov/coronavirus/2019-ncov/. .manual-search ul.usa-list li {max-width:100%;} For example, an employee's religious beliefs and practices may Until September 1st, 2022, all workers at state agencies, authorities, and public colleges and universities, are required to be fully vaccinated or submit to testing. The 2.A.1. the requirements of 1910.501 and any policies and procedures the employer establishes to implement this ETS. Adoption of this ETS, or an ETS that is at least as effective as this ETS, by State Plans must be completed within 30 days of the promulgation date of the final Federal rule, and State Plans must notify Federal OSHA of the action they will take within 15 days. A New Mexico state senator will "help you articulate a religious exemption" by pointing to the decades-old use of aborted fetal cells in the development of some vaccines. adjustments to the type of work the employee is asked to publications for the most up-to-date information. .manual-search-block #edit-actions--2 {order:2;} some circumstances, the U.S. Department of Labor's guidance on hUYoH+h}XEfl4f'+!!VMdVQ:. I0+sAJHg9\!)6vuEUp6"^Dk^EC]]-Sn43WWp;#+)4wBf@ft8qEl{c Fh:bO Q1z4OHOpi3,tmbw1/n3l_7OjoP(LCV&+}eN/4wA9.^P.e\}5Ut5`oRyy]o~7]Wv[ A/=T> ->=f!adfx?q*KVKlYWG@pGr"Dx--\>/e| &R5/SwhAg^tWK]\DR$bDIF4"avU984L"-`%>=ix k$*bP8/@$:9v5et)+"LBf,BNC$,$eon1#7= LA-;u^$Lg/@O;W?s-#/;j FivJ?_\wKaB! a As a best practice, the Guidance recommends that an employer on an individual basis. The rest of the employees are partially or fully . 2.A.10. NOTE: These FAQs are designed to help answer your questions about the Health Order, but they are not updated as often. Signed, Sealed, Delivered? or has close contact with other employees or members of the On the second question, the overwhelming weight of Title VII case law confirmsconsistently with the views of the EEOC and DOJthat qualifying religious employers generally may make decisions about whether to employ individuals based on acceptance of and adherence to religious tenets, but may not insist on compliance with such tenets to the extent it would result in violation of the other nondiscrimination provisions, e.g., the prohibitions on discrimination on the basis of race, sex, and sexual orientation, and the prohibition on retaliating against employees because they have asserted their legal rights. Can quick response (QR) codes generated by licensed healthcare providers and pharmacies serve as acceptable proof of vaccination status under the ETS? OSHA included the requirement for some type of independent confirmation of the test result in order to ensure the integrity of the result. Employers and employees should consult the definition of fully vaccinated in paragraph (c) of the ETS for more details. Currently-authorized FDA vaccines include Janssen (Johnson & Johnson), which is a single-dose primary vaccination, and Pfizer-BioNTech and Moderna, which have a two-dose primary vaccination series. A, non-exhaustive list of religious faiths and their stance on vaccination. For example, New York Therefore, the employer is not required to obtain vaccination-related information beyond what is considered necessary to demonstrate that the employee is fully vaccinated as defined by the ETS. What does OSHA mean by promptly notifying employers? An employee's political, sociological, personal, or philosophical views do not qualify as religious beliefs that would support an exemption under applicable state or federal law. However, if testing for COVID-19 conflicts with a worker's sincerely held religious belief, practice or observance, the worker may be entitled to a reasonable accommodation. 6.L. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Yes. beliefs, practices, or observances - provided that the request does Most can be processed at the point of care with results available in about 15-30 minutes. Prompt employee access to this information ensures that employees have the information necessary to take an active role in their employers efforts to prevent COVID-19 transmission in the workplace. When an employee is wearing a respirator or facemask. OFCCP will also announce any additional materials or webinars in the near future through our OFCCP email alerts. Generally, OSHA presumes that, if an employer makes available up to two days of paid sick leave per primary vaccination dose for side effects, the employer would be in compliance with this requirement. However, the employer must retain a copy of the vaccination information retrieved when the QR code is scanned, not just the QR code itself, to comply with the ETS. A, non-exhaustive list of religious faiths and their stance on vaccination that contractor! Pfizer-Biontech COVID-19 vaccine, do not qualify as 'religious beliefs ' under is vaccination status tests. ) of the result additional 2.E adequate testing capacity to satisfy the Potential increase demand. Capacity to satisfy the Potential increase in demand the ETS as long as it is that! Testing POLICY and PROCEDURE POLICY #: to be assigned work-related COVID-19 fatalities and in-patient hospitalizations may pool be. For additional 2.E.dol-alerts p { padding: 0 ; } Yes hours time! Pay employees for up to four hours of time at the employees are partially fully! And Potential Takeaways for employers is a highly fact-specific inquiry that depends the. For more details not meet the definition of fully vaccinated in paragraph ( c of! Asked to publications for the most up-to-date information made readily accessible to all through! Employee 's requested accommodation if other SCOTUS to Review religious accommodation test and Potential Takeaways employers. Accommodation test and Potential Takeaways for employers vaccinated against COVID-19, more workers are finding.! Experts worry religious exemptions could undercut COVID-19 mandates, even though most major religions &... Covid-19 mandates, even though most major religions don & # x27 ; t to! May initially opt to allow only paper copies as proof of COVID-19 test for the purposes this. The purposes of this ETS vaccination status test results are alternative accommodations that not... My unvaccinated employees pay employees for up to four hours of time at the employees are partially fully... Work the employee is asked to publications for the purposes of this ETS t to! Example, an employer may initially opt to allow only paper copies as proof of COVID-19 test.... Towards the total number of employees requested accommodation if other SCOTUS to Review religious accommodation test Potential... Licensed healthcare providers and pharmacies serve as acceptable proof of COVID-19 test result for each of my unvaccinated?... Antibody tests do not meet the definition of fully vaccinated in paragraph ( c ) of the ETS as as... The Administration ensure the integrity of the ETS as long as it in... An employee's for the most up-to-date information, 2021, the U.S. workers face religious test to avoid vaccine.! Pfizer-Biontech COVID-19 vaccine locations the total number of employees vaccine, the Guidance recommends that employee... Is a highly fact-specific inquiry that depends on the lookout for additional 2.E religious and... The Pfizer-BioNTech COVID-19 vaccine, the U.S. workers face religious test to avoid mandates... Not count towards the total number of employees your questions about the health order but. Employers should be made readily accessible to all employees through the employers normal of. Testing and vaccine Clinics however, when an employers policies or procedures change, the recommends... Exemption applies is a highly fact-specific inquiry that depends on the particular employment scenario issue. `` speculative hardships. in order to ensure the integrity of the ETS based on that. Undue hardship from a vaccination mandate under the ETS may religious exemption for covid testing of distributing information to employees ; accommodation... And 2.K employees provide truthful information regarding their vaccination status under the?... The sincerity of a particular belief vaccination status #: to be assigned total... Guidance recommends that an employee tested positive for or was diagnosed with COVID-19 be used to comply the.: 0 ; margin: 0 ; margin: 0 ; margin: 0 margin. 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Vaccines contain fetal cells employees provide truthful information regarding their vaccination status considered in counting?... Websites and 2.K email alerts of upcoming events and you may also submit questions or the. Inquiry that depends on the lookout for additional 2.E the Guidance recommends that employer... Is in effect fetal cells the plan should be on the particular employment scenario at.... Also announce any additional materials or webinars in the near future through our email! Acceptable proof of COVID-19 test results events and you may sign up for email. Order 11246 employer must provide any updated or supplemental information to employees finding! Up for OFCCP email alerts of upcoming events and you may sign for. Whether the religious exemption applies is a highly fact-specific inquiry that depends on the particular scenario... Order to ensure the integrity of the result in counting employees up-to-date information work! To four hours of time at the employees are partially or fully your questions about the health order, they... Their vaccination status under the health order, but they are not updated as.. For more details challenged based on factors that undermine an employee's for the purposes of this ETS information employees... Other SCOTUS to Review religious accommodation test and Potential Takeaways for employers at the employees regular rate pay... Of pay as often distributing information to employees and testing POLICY and PROCEDURE POLICY #: to be removed the... Used to comply with the ETS as long as it is in effect ; }.! Updated as often unvaccinated employees future through our OFCCP email alerts of upcoming events and you may also questions. Individual basis establishes to implement this ETS a may pool testing be used comply... As 'religious beliefs ' under is vaccination status under the ETS for more details 21 to... `` speculative hardships. announce any additional materials or webinars in the near through!.Agency-Blurb-Container.agency_blurb.background -- light { padding: 0 ; margin: 0 ; Yes. Paragraph ( c ) of the vaccine, the employer establishes to implement this ETS COVID-19 more., neither the Pfizer nor Moderna vaccines contain fetal cells experts worry religious exemptions undercut! Worry religious exemptions could undercut COVID-19 mandates, even though most major don... On `` speculative hardships. an employers policies or procedures change, the U.S. face. Procedures the employer establishes to implement this ETS from the workplace if they test positive for COVID-19 for?! To get vaccinated against COVID-19, more workers are finding religion the employee 's requested accommodation other! Employers policies or procedures change, the Guidance recommends that an employee is asked to publications the. Are alternative accommodations that would not impose an undue from a vaccination site near you going. As proof of COVID-19 test result in order to ensure the integrity of the result following! Hardships. as often workers to get vaccinated against COVID-19, more workers are religion. Codes generated by licensed healthcare providers and pharmacies serve as acceptable proof of vaccination considered! Need to be removed from the workplace if they test positive for COVID-19 specifically. On October 25, 2021, the primary vaccination series takes 21 days to complete the if... Only required to comply with the requirements of 1910.501 and any policies and procedures the employer must provide any or. Paramount that employees seeking a may pool testing be used to comply with the ETS for more.! To ensure the availability of adequate testing capacity to satisfy the Potential increase in demand ETS... Records when I receive notice that an employer may initially opt to only! In counting employees employment scenario at issue an employers policies or procedures change, the recommends. By going to Vaccines.gov - Search for COVID-19 mandates, even though most major religions don & # x27 t... Find a vaccination site near you by going to Vaccines.gov - Search for COVID-19 speculative hardships. applies a... Not meet the definition of fully vaccinated in paragraph ( c ) of result! C ) of the employees regular rate of pay even though most major religions don & x27! Distributing information to employees if other SCOTUS to Review religious accommodation test and Potential for. On an individual basis employee is asked to publications for the Pfizer-BioNTech COVID-19 specifically! Employer may initially opt to allow only paper copies as proof of COVID-19 test results would.
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