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#1 Posted : 27 March 2004 23:19:00(UTC)
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Posted By Jonathan
Should new equipment (e.g.purchased yesterday)be portable appliance tersted before use on site?
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#2 Posted : 28 March 2004 09:51:00(UTC)
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Posted By Graham Sargeant
Yes, and don't just rely on the PAT test, make sure you have some kind of operator pre-use inspection before use of this equipment, and clearly defined route of action this is not in good condition.
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#3 Posted : 28 March 2004 10:28:00(UTC)
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Posted By Geoff Burt
At the risk of appearing to be perverse I would say the answer is no.

Two riders to this.

One that the equipment is built to a known standard, and two that a visual inspection is carried out before use.

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#4 Posted : 28 March 2004 14:05:00(UTC)
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Posted By Mike Miller
I would say yes in the interests of good practice. It states in Reg 5 of PUWER amongst other things that 'every employer shall ensure that where any machinery has a maintenance log, the log shall be kept up to date.

The best place to start the log would be at the point of delivery of new equipment. inspect it, record it and issue it. check it on return or periodically and make record. Other wise where do you start, when the item first becomes a problem?

Mike
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#5 Posted : 29 March 2004 06:47:00(UTC)
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Posted By Graham Sargeant
My answer of yes was also working along the principles of best practise, and any way surley its no big deal to do a PAT test and air on the side of caution. In 15+ years of tool hire I have always PAT tested new equipment, and I feel it shows you have done all that is reasonably practicable.
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#6 Posted : 29 March 2004 08:33:00(UTC)
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Posted By Jack
I'm with Geoff on this. Although it may not be a 'big deal' in many circumstances, it can be fairly onerous in some such as if the checks are made by an external contractor. My advice would be to put them on the equipment register so they are included in the next round of checks.
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#7 Posted : 29 March 2004 11:52:00(UTC)
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Posted By Steve Langston
Surely there is an issue of product liability here!

Are we saying that a brand new piece of electrical equipment that has a 12 month standard warrenty needs pat testing before its very first Commercial use?

In short it depends on your companies arrangements. I personnally would enter details onto register with the test due at the next time it is scheduled or within 1 year of purchase. Of course I would hope that operatives of the equipment were aware of there responsibilities in the mean time, check for damaged cables, damaged casings etc.
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#8 Posted : 29 March 2004 14:46:00(UTC)
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Posted By GWB
If in doubt just get it tested anyway. Its in our policy to test every thing new.

It also helps because we have an in house tester.

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#9 Posted : 29 March 2004 15:26:00(UTC)
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Posted By Mike Craven
I would say "No" - but make sure that it does go on a register and record a "date first due for test". I seem to recall that Stockport Post Office had a "new" kettle that didn't need PAT testing and the "it's ok Mike - that's a new kettle" excuse was used for about 6 years!!!!!

Mike Craven
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#10 Posted : 30 March 2004 17:04:00(UTC)
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Posted By Linda Westrupp
I would say No on the grounds that some time ago a new piece of equipment which was PAT tested on purchase and before going into use broke down and the manufacturer refused to replace/refund as the PAT testing counted as 'tampering' with the equipment. We now add the item to the register for testing next time round but not during it's guarantee period but only if it is CE marked. If not CE marked it would be tested but in practice we do not buy any items not marked. Hope this helps, although with two distinct 'camps' emerging it looks as if you are going to decide which to join!
Linda
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#11 Posted : 31 March 2004 14:31:00(UTC)
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Posted By Dave Thomas
Hi
as linda says, there are two camps on this one.
My understanding from the C&G PAT course 2yrs ago was that all equipment should be tested before it is allowed to be used in the workplace. That is the rule I use before allowing new equipment to be used within the building.

One thing that would help would be for manufacturers to supply the goods already tested with certification. We know what is required under PUWER/BS but we don't know the standards to which the equipment is finally tested before leaving the factory.

However, we don't need certification to use a kettle/fridge/computer at home and certification would add to the sale price of the product. That is where life has changed over the past 20yrs, back then there was a very distinct line between commercial and retail products, nowadays there that line is only a blur.

Until legislation is amended it must be left to the relevent person to decide which avenue they take on this as it is a bit wooly.

regards

dave
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#12 Posted : 08 April 2004 23:41:00(UTC)
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Posted By Nigel Singleton BSc
Sorry I'm a bit late on this one - definitely YES, YES, YES. I have PAT tested many items (as new) and failed quite a few of them, some straight out of the box. The question to ask, is, if an employee gets injured by the piece of equipment, who will be to blame, the manufacturer or the employer for not maintaining in a safe and efficient manner. I would have thought that as soon as the item has been unboxed, it would be difficult to prove fault with the manufacturer, where as the item only needs to be on the premises and faulty, for the employer to be at fault.
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#13 Posted : 09 April 2004 00:16:00(UTC)
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Posted By PaulA
Does all 110v equipment that may be used in consruction have to be PAT tested?
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#14 Posted : 09 April 2004 06:44:00(UTC)
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Posted By Graham Sargeant
Yes all 110voltportable and transportable equipment on site must be tested, and because its use and environment is harsh you should consider more frequent testing.
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#15 Posted : 09 April 2004 21:20:00(UTC)
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Posted By Jonathan
Tend to agree, reference Employers Liability (Defective Equipment)Act 1969. Strict liability on the employer; defective equipment etc! PAT test would at least give a defence - not having done so!!!
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#16 Posted : 09 April 2004 21:21:00(UTC)
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Posted By Laurie
I'm a bit late too, but definitely yes, yes, yes!

I have had equipment straight out of the box that was lethally defective, only once, but that's once too often.

Laurie
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#17 Posted : 24 April 2004 16:03:00(UTC)
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Posted By John Beaumont
Is not the weak point about PAT testing the 'hope that operatives of the equipment were aware of there responsibilities in the mean time, check for damaged cables, damaged casings etc'
Ho wmany times have we found kettles in hotel rooms where the coloured insulation is exposed?
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#18 Posted : 26 April 2004 13:24:00(UTC)
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Posted By Ron Hunter
I'm definitely in the NO camp, on 4 counts:
1.new equipment from reputable suppliers has been QA inspected for compliance with essential safety requirements by the supplier/ importer you are perfectly entitled to ask for and receive a copy of the relevant certificates of complaince -providing you take reasonable steps to ensure the equipment is up to the job you require it for, this would satisfy PUWER;
2. PAT testing really isn't good for electrical equipment and in itself promotes earlier breakdown of insulation;
3. Reasonable practicability. A large Employer such as mine has reasonable systems where competent persons test/inspect all items to a set program. Imagine the complexity of arranging ad hoc test of new items across 750 business units/22,000 employees?
4. in the context of reasonable practicability, the Law doesn't say that any item of low voltage electrical equipment has to be tested, it has to be 'maintained so as to prevent danger'?

It's important to have good 'goods inward' supplier quality assurance systems - we've had a few things ordered through the wrong channels that weren't CE marked, etc.
Not suggesting this applies to any forum members, but some of us remember the amount of kit that was destroyed (or "failed") by the over zealous application of high test voltages to inappropriate electronic parts of appliances. Many items cannot be tested 'straight out of the box'- this inevitably leads to the destruction of sensitive electronic components and new items being thrown directly into the skip!
HSG 150(rev) worth a read on this issue, table on page 86 gives expectations of good practice for a range of equipment types in construction industry. This table suggests that (e.g.) 110v equipment be tested before first use on site then at 3 monthly intervals - (this doesn't mean that the equipment is necessarily new!)If in doubt then, you'll join the YES camp and apply (e.g.) the good practice described in HSG150!
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#19 Posted : 26 April 2004 22:08:00(UTC)
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Posted By Graham Sargeant
Ron, without wishing to seem rude, I think your point 2 about insulation being broken down is a little old hat these days.
True high voltage flash tests could be harmful (very much so to delicate electronics etc.) but a competent person undertaking the tests can flash with a suitable level of voltage, I think you'd really need to be going some to break down insulation by using a proper test routine.
I'm not 100% sure but I think the IEE code of practice used to say the flash testing could be harmful, but the current version has had this written out or reworded?????
The question may be should you flash test or not? again I think this may be a case of choosing best practice.
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#20 Posted : 29 April 2004 13:54:00(UTC)
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Posted By Dave Wilson
If its 'new' then we would add to the register and test at next date, if its not 'new' it would be tested before first use on site.

Free leaflet on PAT testing on HSE www.
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#21 Posted : 29 April 2004 22:07:00(UTC)
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Posted By Barry Cooper
A bit late but
Yes
Just because it is new doesn't make it safe, errors are made in manufacture, and if it is faulty and someone is electrocuted, did you do everything reasonably practicable. Suing the manufacturer doesn't help the victim.
For the sake of carrying out the test, just do it.

Barry
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#22 Posted : 30 April 2004 07:14:00(UTC)
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Posted By Geoff Burt
'Reasonably Practicable'

Much maligned words but still, to the best of my recollection, meaning to balance the risk against resources.

Risk is low to non existent - agreed?

Show me the figures for the numbers of people in the UK who have been electrocuted by new equipment being faulty - then I'm happy to reconsider.

Therefore no action is required - agreed?

It is much better to talk about these things logically rather than being emotive.

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#23 Posted : 30 April 2004 18:00:00(UTC)
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Posted By Simon Ayee
Yes - well said Geoff (don't get all emotional again!).

If we cannot give advice on this based on "reasonable practicability" then we may encourage the image that some have of health and safety as red tape etc.

The need for and frequency of combined visual inspection and testing depends on the dutyholder's risk assessment (type of equipment, conditions of use etc).

HSG 107 suggests formal visual inspection before initial use for the most onerous construction and industrial uses/environments (higher risk): but not PAT before initial use. Hire of equipment does merit combined inspection & testing befire issue (including presumably the first issue)by the hire company.

Also Appendix 1 of HSG107 refers to the legal requirements for the initial integrity (safety) of new work equipment.
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#24 Posted : 02 May 2004 16:43:00(UTC)
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Posted By Laurie
I accept the logic of your arguments, but repeat my earlier response - I have had equipment straight out of the box that was lethally dangerous. Only once, but once is too often. "The clock that once strikes thirteen is forever suspect"!

Laurie
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#25 Posted : 02 May 2004 17:28:00(UTC)
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Posted By Geoff Burt
But that was a one off and no one was electrocuted.

Difficult to justify courses of action that need resources if there is no real gain (perceived or otherwise).

And it could possible undermine credibility in the future when a topic does required action to be taken.
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#26 Posted : 03 May 2004 15:44:00(UTC)
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Posted By Laurie
Sorry Geoff, but we're going to have to agree to differ on this one!

However remote the possibility, I am not willing to wait until someone is electrocuted before implementing testing of new equipment.

Laurie
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#27 Posted : 04 May 2004 10:32:00(UTC)
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Posted By Robert Fisher
Refering to HSG 150, page 84 for electrical appliances on construction sites.

Recommends before first use and then 3 monthly.

Kind regards
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#28 Posted : 05 May 2004 10:17:00(UTC)
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Posted By Geoff Burt

You may remember the HSE got it totally wrong regarding 'PAT' when the Electricity at Work Regs were first introduced.

It all depends on the risk - or it should. But if you have unlimited resources go for it. The rest of us use them where they are most use.
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#29 Posted : 05 May 2004 20:23:00(UTC)
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Posted By Laurie
Ah, now!

Bit more to the story than the bald facts I presented.

Equipment concerned was not from our normal supplier, but was bought in by one of our departments from their own budget, outside the normal purchase and supply channels, and thereby hangs another health and safety cautionary tale!

Laurie
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#30 Posted : 07 May 2004 10:19:00(UTC)
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Posted By Adam Foyster
I run a nationwide electrical testing business and wouldn't expect to test any 'new' appliances, unless specifically asked to by any client. Appliances are safety tested after production and therefore should be safe to use as new.

Adam Foyster
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#31 Posted : 07 May 2004 10:39:00(UTC)
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Posted By Adam Foyster
just to add to what I have already said, if you were to have any concerns about new equipment as in Lauries case then what's just over a quid to be safe and sure!
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#32 Posted : 07 May 2004 11:11:00(UTC)
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Posted By Paul Bellis
I am in the NO camp -if it is new piece of equipment I recommend it is not subjected to a combined inspection and test (pat)for 12 months in an office or low risk environment -however equipment must be inspected prior to use and periodically (dep on equipt and use) this would pick up the majority of defects - after all the HSE say the equipment must me maintained - pat testing is only one part of the process. Construction sites and high risk environments are different - they should be before initial use and then 1 monthly - 3 monthly etc dep on environment age and use etc etc.
My opinion for what its worth folks.
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#33 Posted : 07 May 2004 12:46:00(UTC)
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Posted By Rob Todd
I'm a bit late on this one but the original questioner didn't ask what everyone did - he asked "should" new equipment be tested - the definitive answer is no, there is no requirement in law - he didn't ask what was best practice. Therefore the answer to the questioner is NO. Have we all become barristers?
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#34 Posted : 10 May 2004 12:08:00(UTC)
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Posted By Martin Kingman
To further the Ginger Beer point (Donoghue v Stephenson 1932) - It was never proved at court that there was actually a decomposing snail in the ginger beer! It was just taken to be so.

There is obviously strict liability on the manufacturer if the product is faulty. This is defined as "Product liability" under the Consumer Protection Act 1987, but note the
General Product Safety Regulations 1994 do not apply here (as these are only in relation to domestic goods). Other Sale of Goods Act 1979 points also arise.

I believe that in accordance with:
s2(1) HSWA 74 ".... so far as is reasonably practicable...." PAT testing should be done sooner rather than later.
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#35 Posted : 10 May 2004 13:33:00(UTC)
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Posted By Geoff Burt
Martin

I'd argue this one (two) with you!

'There is obviously strict liability on the manufacturer if the product is faulty. This is defined as "Product liability" under the Consumer Protection Act 1987, but note the General Product Safety Regulations 1994 do not apply here (as these are only in relation to domestic goods). Other Sale of Goods Act 1979 points also arise.'

Strict liability comes under The Employers Liability (Compulsory Insurance) Act. I shouldn't need to tell you why but we are dealing with people at work on this site.

You also said 'I believe that in accordance with: s2(1) HSWA 74 ".... so far as is reasonably practicable...." PAT testing should be done sooner rather than later.'

Reasonably practicable has already been discussed on the thread - to PAT test before use when buying from a reputable manufacturer is going way beyond the reasonably practicable requirements.

I've said before - show me the electrocution rates for first time use of new electrical equipment at work and I'll reconsider.

Geoff
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#36 Posted : 10 May 2004 14:30:00(UTC)
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Posted By Kevin Benson
Hi Jonathan
PAT testing is not a legal requirement, however it would be in your own interest to have documented regular user checks.
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#37 Posted : 10 May 2004 14:48:00(UTC)
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Posted By Martin Kingman
OK Geoff we will agree to differ!

It is just my humble opinion it is better to be safe than sorry. - One "avoidable" death is one too many, and goes against H&S ethos, we should all be trying to eliminate and not just minimise. Apportioning blame afterward is of little comfort to the deceased's family.

I agree that in practice it is not always possible! - Maybe we agree on this??

With regard to the other point you replied:

"to PAT test before use when buying from a reputable manufacturer is going way beyond the reasonably practicable requirements."

I don't see it going `way-beyond', especially if you consider the cost-benefit analysis.

You are correct that Strict liability comes under The Employers Liability (Compulsory Insurance) Act, but s2(1) Consumer Protection Regulations 1987 also introduces strict product liability (irrespective of negligence).






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#38 Posted : 11 May 2004 10:28:00(UTC)
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Posted By Shane Johnston

Yes, lets PAT test everything before first use and then every week thereafter .... but wait .. a fault could still develop after testing .. so lets provide every work area that uses electrical equipment with rubber mats, boots and gloves.

Oh, and while you're at it why not relocate to a single story building because stairs can kill ... remember "better to be safe than sorry. - One "avoidable" death is one too many".

Just where are you intending to draw the line ?

Shane.
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#39 Posted : 11 May 2004 11:27:00(UTC)
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Posted By Martin Kingman
I believe that if at all practicable, PAT testing should occur prior to the equipment being issued for service, then tested at 'normal' regular intervals (which varies with the risk of the appliance becoming fault: Which is dependant upon the type of appliance, environment in which it is used, and the nature of its use.)

Common sense plays an important part!! The frequency of PAT testing is down to the person who is assessing (and managing) the risk.

Further, Electricity at Work Regulations 1989 state:

"All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such danger."

"As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger."

"It shall be the duty of every employer and self employed person to comply with the provisions of the Regulations in so far as they relate to matters which are within his control."

The Regs thereby create an additional duty outside of those I mentioned yesterday.

But to reiterate what I said yesterday.....
"I agree that in practice it is not always possible [to PAT test before issue]!"

Litigation is becoming more and more frequent and so a certain degree of backside watching is needed (unfortunately) but COMMON SENSE MUST PREVAIL ABOVE ALL ELSE!
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#40 Posted : 11 May 2004 13:43:00(UTC)
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Posted By Jack
I'm with you Shane and we should extend it to home safety - everything to to be tested before it's plugged in. And another thing, it can't be sensible to wait 3 years for MOTs.
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