All posts by stu

Americans with Disabilities Act, Contagious disease, Department of Labor, Discrimination, Employee Illness, Employee Policies, Fair Labor Standards Act, Human Resources, Risk Management, Safety, Wage and Hour, Work from Home

Coronavirus Guidance for Florida Employers

Due to the spread of Coronavirus, President Trump and Florida Governor Ron DeSantis have declared a state of emergency and are asking employers to monitor the situation and take action to help slow and stop the spread of COVID-19. The Centers for Disease Control and Prevention (CDC) has issued interim guidance to businesses and employers and will update as needed and when new information becomes available. We encourage clients to check the CDC webpage and develop plans to follow these important recommendations.

HERE IS A QUICK RUNDOWN OF THE RECOMMENDED STRATEGIES FOR EMPLOYERS TO USE NOW:

  • The incubation period for COVID-19 varies between 2 and 14 days.
  • Actively encourage sick employees to stay home from work.
  • Employees showing respiratory illness should be sent home and told to contact the Florida Health Department at 850-245-4444 or the local health department.
  • Educate employees about COVID-19 by sharing the CDC Fact Sheets and information pages on “Symptoms” and “If you are Sick.”
  • Print CDC posters about washing hands, cough and sneeze etiquette and maintaining good personal hygiene for display.
  • Perform enhanced environmental cleaning of common surfaces, such as work stations, countertops, and doorknobs.
  • Make disinfecting wipes and hand sanitizer available to employees.
  • Consider developing an interim company policy for business travel, including canceling business travel, encouraging online/remote enabled meetings and avoiding geographic places with high concentrations of COVID-19 cases.
  • Maintain employee confidentiality if there is a positive or suspected COVID-19 case. Inform co-workers who worked in close contact with the person (3-6 feet in the preceding 14 days) to leave work for 14 days and to get tested. Do not disclose the name of the person.
  • Practice increased social distancing when possible, including work from home options and telecommuting.
  • Review the recent DOL guidance on OSHA and wage and hour issues associated with the coronavirus outbreak.
    If an employee becomes infected, has a suspected case, or was in close contact with a person with a confirmed case, have a plan to take action. Read the following article on Comprehensive FAQs for Employers on COVID-19 published from Fisher Phillips law firm.
  • Check frequently with the CDC and Florida Department of Health (COVID) websites for updates and the latest recommendations.

 

Construction, Drug Free Workplace, Employee Handbook, Employee Policies, HR Costs, Human Resources, Medical Exams, Post offer medical questionnaire, Recruiting, Risk Management, Safety, Workers Compensation

18 Actions to Lower Workers’ Comp Rates for Florida Contractors

From our work with Florida construction companies and specialty trades in the last ten years, we have identified 18 proven action items that will shrink the risk of costly workers’ compensation claims and lower the mod rate of Florida contractors.

Here are the top four actions that will make a difference:

  1. Improve the hiring process – Avoid hiring a problem employee by developing a meaningful hiring process.  Have a plan and be more deliberate about hiring.  Hire based on skills, past work experience, reputable work history, not crazy reasons for leaving past jobs – and a “can do” attitude.  Conduct an interview and make sure they are serious about the position.  It is also important to check references for applicants – call previous employers and see what can be confirmed.  Too many jobs, bad reasons for leaving, not providing any supervisor references can all be red flags.  Need help? Call your local Florida Career Source Center, https://www.careersourceflorida.com/, and have their Business Services team pre-interview and qualify applicants for your company.  It’s free.
  2. Use a written 90 day probationary period – When you have each new hire sign a written 90 day probationary period acknowledgment, your company will not pay unemployment if the employee is terminated for unsatisfactory performance within the first 90 days.  If the new hire is having problems with attendance, not following instructions, making mistakes – don’t wait too long to make a decision.  A successful motto is: Slow to hire, quick to fire.
  3.  Update your New Hire Packet – Contractors should use a multi-page Employment Application.  It should ask for important information about past work, reasons for leaving jobs, ability to perform job duties, licenses, other skills, criminal convictions and reliable transportation.  Other critical new hire forms include the mandatory ones (i.e. I9, W4 and the Florida Healthcare Exchange info) as well as forms that can learn more about their ability to do the job.  To verify medical capability during the application phase, a contractor may use an Applicant Questionnaire (describe job duties and ask if they can do it) or use a Post Offer Medical Questionnaire.  The most expensive option is to require a physical examination for each new hire.  Pre-employment physicals can be performed by walk in clinics or occupational medical centers – to test for physical agility and back/lifting evaluation.  Just make sure you test all applicants for a position type, not just some candidates.
  4. Written Safety program – Contractors are eligible for a 2% reduction in workers’ compensation premiums for a written safety program.  FL Stat 440.1025 describes the required safety program sections. Download the Employer Certification form and submit to your workers’ compensation carrier.  A Safety Plan template can be created using the FREE resources from the University of South Florida, Safety Consultation Services.  Click the following link and create a safety program.

Download all Eighteen (18) Human Resources actions to lower the workers’ compensation costs for Florida Contractors.  If you want some expertise to help you implement these steps, just give us a call.  If your style is more DIY, order our Complete HR Manual for Florida Contractors (2020) which contains the forms and policies needed to implement your solution.  Start lowering your work comp rates today.  If you saw me speak at Carmen’s Construction Comic continuing education classes in 2020 – you receive a discount – just let us know.

General HR Questions, Human Resources, I9 Form, Immigration, New Hire, Record Keeping, USCIS

New I9 for 2020! Get it now

On Jan. 31, 2020, USCIS published a notice announcing a new version of Form I-9, Employment Eligibility Verification. The new version contains minor changes to the form and its instructions. Employers should begin using this updated form right away. Click here for the latest I9 Form (expires 2022) and Instructions.

The USCIS notice provides employers additional time to make necessary updates and adjust their business processes. Employers may continue using the prior version of the form (dated 07/17/2017 N) until April 30, 2020. Starting May 1, 2020, all employers must use only the new form (10/21/2019 version date). The version date is located in the lower-left corner of the form.

Instructions

  • Clarified who can act as an authorized representative on behalf of an employer
  • Updated USCIS website addresses
  • Provided clarifications on acceptable documents for Form I-9
  • Updated the process for requesting paper Forms I-9
  • Updated the DHS Privacy Notice

Click here for the Handbook for Employers for Properly Completing the Form I9.

Bonuses, Compensation, Department of Labor, Fair Labor Standards Act, HR Compliance, Overtime, Payroll, Salaried employees, Wage and Hour

New Overtime Law Took Effect January 1, 2020

In case you missed it over the holidays, the newest Department of Labor regulation went into effect on January 1, 2020.  Why does it matter?  If your company pays employees on a salary basis (i.e. employee is exempt from minimum wage and overtime as an executive, administrative, or professional employee) then the minimum salary threshold necessary to meet the new standards increased from $455 per week to $684 per week (equivalent to an annual salary of $35,568 per year).  The new rule also allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level.  What action is necessary? Review employee pay rates to make sure all salaried employees are earning at least the new minimum.  Either bump an employee’s salary to meet the required salary level; or change the employee to an hourly rate and pay overtime.

What else is important?  The new rule also raises the total annual compensation level for “highly compensated employees (HCE)” from the currently-enforced level of $100,000 to $107,432 per year.  The salary rule also allows employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices.

Where to go for more information? The Wage and Hour Divison webpage has more information about the final rule and the existing regulations that define executive, professional and administrative employees.

1095C form, 300 Log, Child labor, Department of Labor, Employment Poster, Federal Contractors, Florida rules, FMLA, Form W-4, Fractional HR, General HR Questions, Goal Setting, HR Compliance, HR Resources, Human Resources, I9 Form, Minimum Wage, New Hire, Posters, Risk Management, USCIS, W4, Wage and Hour

HR Fitness for 2020 – Needed HR Actions for the New Year

NEW YEAR?  BRING IT!   Put some of that post-holiday energy into your HR process … you can make it easier to get out of the office in time to hit the gym!  Here is a 7 step checklist to make sure HR is prepared for an efficient, organized, successful new year:

Step One: Review your Applicant New Hire packet.

  • Replace your W4 with the newest version for 2020.  Although voluntary, check to see if existing employees want to update their federal tax withholding and send them the newest 2020 W4.
  • Don’t ditch your I-9 forms – they are still valid!  That July 2017 revision is still authorized for use (despite the Aug 2019 expiration date), until a new form is released from USCIS.  Stay tuned … ConsultStu will send a client alert as soon as a replacement form drops.
  • Ensure your DOL Marketplace Exchange form (mandated by ACA) contains current group health insurance renewal information (contribution cost and eligibility) on page 2 of the form.
  • Contact all third-party screening vendors (criminal background, MVR and drug testing) to verify that you are using the latest version of their disclosure and consent forms.

Step Two:  Update workplace postings.

  • Print and post the new 2020 Florida Minimum Wage poster.
  • The Florida Unemployment poster was revised in July, make sure you have the most current Florida Unemployment poster in place for 2020.
  • Check that your Workers’ Compensation poster was updated at last renewal.
  • If you want to compile a full new set of mandated workplace posters, click here.
  • Determine and post your 2020 holiday schedule (Christmas and New Year Day will be falling on Friday)

Step Three:  Prepare to distribute W2 forms and ensure forms contain information about the Earned Income Tax Credit (most do, but good to check).  By January 31, 2020, employees need to be provided EITC information from the mandatory IRS Notice 797.  An alternate option is to post the notice on employee bulletin board or add payroll stuffers.  Click here to download alternate distribution materials.

Step Four:  Complete your OSHA 300 logs for 2019 employee injuries and illnesses.  Verify all reported cases are added. Drop any entries that do not meet the criteria for recordable cases.  Prepare the OSHA 300A summary for posting on February 1 through April 30.

Step Five: Review and request new certificates of insurance from subcontractors for 2020 policy renewals. If you have construction subcontractors, register for the Florida Construction Policy tracker database and add new subcontractors to your tracking list.

Step Six: Review company demographics for any new compliance implications:

  • Look back at your 2018 employee count. Determine if the company had over 50 employees according to the Affordable Care Act (ACA). If so, your company was covered by “pay or play” rules in 2019 and you now need to prepare IRS form 1095-C for delivery to employees by January 31, 2020 (electronic filing to IRS due March 31st … read more).
  • Count your employees for 2019.  If you averaged 50 for the year (using ACA rules), your company must offer affordable, minimum value health insurance coverage in 2020 (then perform the above reporting in 2021).
  • EEO-1 reporting criteria: not required if you can identify any pay period (called the “employer snapshot”) from October through December 2019, in which the company had FEWER than 100 employees.  If every 4th quarter pay period contains 100 or more paid employees, you will need to register and report EEO-1 survey data by March 31, 2020.
  • Does your company work as a contractor or subcontractor on federal contracts? Davis-Bacon requirements will apply.
  • Does your company hire minors?  Make sure a Florida Child Labor poster is displayed.

Step Seven:   Ensure that your company’s internal communication channels are effective by requesting employee updates to address, mobile phone, email, and emergency contacts.

For assistance with any of these HR actions, please contact us here at ConsultStu – we can help you meet your HR goals for 2020!

Background screening, E-Verify, Federal Contractors, HR Compliance, Human Resources, I9 Form, Immigration

Does Florida require E-Verify?

No, not yet.  But Florida Governor Ron DeSantis is pushing the 2020 Florida legislature to pass legislation to require all Florida employers to use the federal E-Verify system.  If your company has a qualifying contract with the State of Florida, all new hires working on the contract must be screened using E-Verify.  Read Governor Scott’s Executive Order 11-02 from 2011.

What is E-Verify?  E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching the information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). Florida would become the ninth state to mandate E-verify for new hires, joining Arizona, Alabama, Mississippi, South Carolina, North Carolina (25+ employees), Georgia (10+ employees), Utah (15+ employees), and Tennessee.

How many total employers use E-verify? In 2008, and every year after that, the share of employers using E-Verify has grown approximately 1 percentage point. In 2018, DHS had enrolled 821,771 employers in E-Verify—amounting to 13.5 percent of all employers in the United States (Figure 1).  So, 86.5 percent of U.S. employers still do not use E-Verify.  From 2005 to 2018, the number of annual E-Verify queries increased from less than a million to more than 36 million.  Read the statistics.

How many employees are rejected by E-Verify annually? From 2007 to 2018, the number of rejected new employees doubled from 173,409 to 351,836, but the number of final non-confirmations (FNCs) as a share of total queries dropped from 5.3 percent of queries to 1 percent (Figure 4). For context, it is estimated that unauthorized immigrants were 5.4 percent of the labor force in 2007 and 4.8 percent in 2016, according to the Pew Research Center.

Does E-verify reduce illegal worker hiring?  Interestingly, the rise of E-Verify enrolled employers and queries has not significantly reduced the number of illegal workers.  The Cato Institute estimated that from 2007 to 2016, the number of illegal workers hovered around 8 million, even though the number of E-Verify queries increased.  Although it can not be determined with certainty more than half of all illegal workers run through the E-verify system are not rejected, primarily by borrowing the identification of legal workers. Click to read more.

What are the benefits of becoming an E-Verify enrolled employer?

  • It may help your company avoid penalties for hiring illegal workers
  • It may lessen the probability that your company will receive “no match” letters from Social Security
  • It is evidence of good faith if your company is selected for an I9 audit
  • It is mandatory if your company hires foreign students with STEM F-1 visa during their 2-year optional practical training period.

If you are interested in enrolling in E-Verify, give our office a call.  We work with E-verify employers and federal contactors everyday.

Background screening, CDL, Clearinghouse, Commercial Motor Vehicle Driver, Drug and Alcohol, Drug Free Workplace, Employee Policies, FMCSA, New Hire, Safety

Does your Company have CDL Drivers? 10 Steps to get ready for Clearinghouse

If your company employs CDL Drivers that are regulated by the Department of Transportation, then get ready to meet the new compliance responsibilities under the FMCSA Clearinghouse that begins on January 6, 2020. The Clearinghouse is a secure online database that will give employers, FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about CDL driver drug and alcohol program violations. Here is a short summary of your Clearinghouse action items so you can create a Clearinghouse Procedure.

  1. Starting on January 6, 2020, all newly hired CDL drivers must be screened in the FMCSA Clearinghouse consistent with the new regulations.  The Clearinghouse rules do not change the existing DOT drug and alcohol testing requirements – it just creates an online database for testing violations and return to work information.
  2. Register for Clearinghouse account at  https://clearinghouse.fmcsa.dot.gov/Register  If you have an FMCSA portal account, link it with your Clearinghouse account.
  3. Purchase a “query plan” from the website to pre-pay for queries.
  4. Incorporate new rules into company policy/handbook/forms.  Add a reference to the Clearinghouse process to your DOT drug testing policy and Employee Handbook.  Create a limited query consent form and hand receipt form (discussed below).
  5. Obtain a limited query consent form from existing CDL drivers.  A sample template is available on the FMCSA website.  The limited query consent form will remain in effect until revoked.  For full queries (pre-employment and if a limited query returns data on a driver) must be signed within the Clearinghouse portal account of the driver.  Your drivers must register for their own portal access in order to authorize full queries.  All new hires will need an account.
  6. Assist your existing drivers with setting up their own Clearinghouse accounts (printable guidance on the FMCSA website about the Clearinghouse).
  7. On and after January 6, 2020, perform a full query on all new CDL drivers being hired.  In addition, will continue to use the existing form to verify previous DOT regulated employment through January 2023.
  8. Annually, the company must complete a limited query for existing CDL drivers.  If a limited query returns information, HR will complete a full query within 24 hours, or remove the employee from all safety-sensitive functions, until a full query is completed.
  9. Your Company will begin adding alcohol and drug violations in the Clearinghouse if reported to you after January 6, 2020.  The following violations and Return to Work Duty events that must be reported in Clearinghouse are:
    1. positive alcohol test;
    2. refusal to submit;
    3. actual knowledge (see rules);
    4. negative Return to Work (RTD) test result;
    5. the date a driver successfully completes all follow-up tests as ordered by an SAP.
  10.  In the Clearinghouse system, Driver violations will be reported and tracked using their state CDL number, not their social security number.  There is specific information that must be reported for each violation event, including the supporting evidence related to the violation.  When a reportable event occurs, the report of violation must be reported in the Clearinghouse by the close of the 3rd business day following the date employer obtained knowledge.  After a violation is reported in the Clearinghouse, the employer shall also upload a certificate of service (such as hand receipt form)  showing that your company provided the employee with a copy of all the information reported to the Clearinghouse.
300 Log, Construction, Employee Handbook, Employee Injury, Insurance, OSHA, Risk Management, Safety, Workers Compensation

Save Money with a Certified Written Safety Program

I know, how can it be December already?  Every day you get wrapped up in the immediate demands of your business operation, and before you know it, we are in the last calendar month of 2019.  If you are looking for a worthwhile initiative that can be fully implemented before the new year, consider adopting a written WORKPLACE SAFETY PROGRAM that can result in a 2% workers’ compensation insurance premium credit.   Create a safer workplace for your employees AND save your company money?  This is as close to a mic drop as we get in the wonky world of HR and risk management.

Florida Statute 440.1025 outlines the specific requirements for a written safety program to qualify for a 2% reduction in work comp premiums.  Upon its implementation, you can download the Employer Certification form at http://www.myfloridacfo.com/Division/WC/pdf/safety_credit_app.pdf and submit to your insurance carrier.

Whatever your industry, ConsultStu can assist in putting together a compliant safety program.  If your business operation already requires task-or-equipment-specific safety training (whether for operating forklifts, handling chemicals, or deep-frying chicken tenders) then we’ll incorporate the existing materials into the Program.  Or, maybe your workforce is office-based and nobody has really given much thought to safety concerns or awareness.  We have standard, universal content applicable to all businesses, construction and general industry.

There are eight required components of a Florida approved Safety Program, but don’t be intimidated.  They dove-tail nicely together to cover all the aspects of your safe workplace:

A Written Safety Policy:

This does not have to be a literary masterpiece, but it will make official the commitment of owners and management to providing a safe work environment.  Best practices include identifying the roles and responsibilities of everyone involved: management, supervisors, employees, and any assigned safety coordinators or trainers.  Your Safety Policy can be enhanced with optional sections to address Active Shooter, Workplace Violence, Firearms, Safety Policy Enforcement, and many other custom features.

Safety Rules:

Everyone can benefit from safety rules, whether they pertain to the operation of “vehicle-mounted elevating and rotating aerial devices” (ANSI/SIA A92.2 – 2001) or simply the proper way to lift heavy packages, or how to prevent falls.   For every workplace, there must be rules for the prompt reporting of all injuries!

A Provision for Safety Inspections:

The OSHA recommendation for general workplace inspection is fairly vague, so you have flexibility here.

Preventative maintenance:

In the absence of highly specialized industry OSHA mandates, such as apply to grain-handling facilities or crane operators, we default to common sense injury prevention guidelines, which can be as simple as keeping work areas, hallways, stairwell, and exits free of clutter and clearly marked.   Any company vehicles, machinery, or personal protective equipment (PPE) should be regularly inspected to be in sound condition.

Safety Training

If you already have work activities that require safety training, document the scope, timing, and frequency of the training.  If your company has no safety training, you can implement an onboarding orientation to educate employees about hazard avoidance and reporting, exits, proper use of fire extinguishers, etc.  Did you know that if you aren’t providing training in the use of fire extinguishers, you should not establish a policy of employee use?

First Aid:

Employees can improve safety conditions for themselves and for each other when they know where first aid kits are located and what actions to take for wounds, cuts, or burns?  First aid can include non-minor injuries – assistance that can be rendered while waiting for 911 responders.

Accident Investigation:

Outline the post-incident procedures that will be followed if an accident does occur.  At a minimum, the procedure should result in a report that documents what happened, identify the root cause of the accident, and what corrective actions should be taken.

Necessary Recordkeeping:

Your commitment to safety includes the creation and proper retention of Accident Investigation Reports, OSHA logs, safety training, inspections, and acknowledgments.

Don’t procrastinate any longer, start today and you can begin saving as soon as your plan is certified by your insurance carrier.  Need help?  Give Consultstu a call today!

401(k), Compensation, Financial Well-being, Human Resources, IRS, Retirement

How much can Employees’ Contribute to a 401(k) plan in 2020?

More than ever, companies are taking action to improve the financial well-being of employees and providing them with tools and information to better prepare them for retirement and financial literacy. A credit union relationship and information sessions about investing and retirement planning are great solutions. Offering a company-sponsored 401k plan gives employees a way to saving for retirement.  Did you know that fifty-one percent of small business companies with 10 or more employees have researched offering a 401(k) plan, according to the Millennium Trust Small Business Retirement Survey?   Due to the rising economy, Fidelity announced that retirement savings rates among employees is rising.  The average 401(k) contribution rate is 8.8% (excluding employer match) – which is the highest percentage ever.  In addition, employers are contributing an average of 4.7% to employees as match, bringing the total contribution to 13.5%.

In early November, the IRS announced that employees in 401k plans will be able to contribute up to $19,500 in 2020, a $500 increase from the 2019 limits.   The IRS announced this and other changes in Notice 2019-59 (PDF), posted today on IRS.gov. This guidance provides cost‑of‑living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2020.

The catch-up contribution limit for employees aged 50 and over who participate in these plans is increased from $6,000 to $6,500.  The limitation regarding SIMPLE retirement accounts for 2020 is increased to $13,500, up from $13,000 for 2019.  However, the annual contribution limit for IRAs will remain unchanged at $6,000.

Interested in setting up a 401(k) plan for your small business?  Check out the Department of Labor’s Information booklet for establishing a 401(k) plan.  Download it today.

Construction, Drug and Alcohol, Drug Free Workplace, Employee Handbook, Federal Contractors, Hiring, HR Compliance, Risk Management, Safety, Workers Compensation

(Save thousands $$) How to Implement a Florida certified Drug Free Workplace Program

Every day Florida employers choose to establish certified drug-free workplace policies, to save money and be protected from workplace accidents that are caused by employees working under the influence of drugs and alcohol.  The benefits of becoming a carrier certified drug free workplace include: (1) employees are aware of the importance of safety in the workplace; (2) intoxicated workers that get hurt at work may forfeit eligibility for workers’ compensation benefits; (3) employees terminated for a positive drug/alcohol test may be disqualified for reemployment benefits; and (4) your company is eligible for a five (5) percent credit (annually) to your workers’ compensation premium!

Ten (10) steps to become a certified Florida drug-free workplace

  1. Create a written drug-free workplace policy that follows the requirements of the Florida Statute.
  2. Distribute an introductory letter to all current employees to announce the new policy and to provide the mandated 60-day notice for any drug testing requirements to apply to existing employees: (fitness for duty, reasonable suspicion are required – random is optional.)
  3. Select a qualified drug testing facility and Medical Review Officer. The collection and testing must be done by a Florida approved testing facility.
  4. Assemble a drug-free workplace binder that will be available to applicants and employees. It contains required community treatment resources and substance abuse information.  Create a list of employee assistance programs in the local area, with addresses and telephone numbers.
  5. Obtain a signed acknowledgment of the new drug-free workplace policy from existing employees and future applicants.
  6. Post a workplace Drug-Free Workplace poster for employees and applicants, and begin to include “drug-free workplace” or “DFWP” in all future job ads and postings. Also, add “drug-free workplace employer” to the Company’s Employment Application.
  7. Apply for the Insurance Premium discount using the Application for Drug-Free Workplace Premium Credit Program form.
  8. Perform (and document) training for supervisors on how to recognize employees that may be under the influence of drugs or alcohol. Create a reasonable suspicion form that can be used if needed.
  9. Establish new hire procedures that include pre-employment drug testing, the signing of an acknowledgment of the drug-free workplace policy and consent to be tested. If an applicant tests positive for illegal drugs, prepare a letter to revoke a job offer or terminate employment based on the positive drug test.
  10. Keep all drug testing results and related documents confidential. We recommend keeping all drug test documentation in an employee’s medical file (separate from the normal personnel file).

Start today!  Get your company certified by its workers’ compensation carrier so you can start receiving your 5% premium credit and supporting safety.  We have a turn-key process and all the documents & forms you need to get certified.  It does not matter who your workers’ compensation carrier is, we will assist you to get certified.

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