what happens if you fail a pre employment drug testling me garmi

Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Logically, the consequences of a positive test result for drug usage would include a withdrawn job offer. While various states have dispensed with marijuana testing, it is still a sackable offense in many areas. Substance Abuse and Mental Health Services Administration (SAMHSA), 2020. If you think you'll fail, don't show up. As per the states Drug-Free Workplace Program (DFWP), the employer conducts the pre-employment drug test without compromising their drug testing policy. Find out how to remain compliant, consistent, and fair in your hiring practices. It is also possible to provide a false positive due to medication you took or a faulty test. You can reapply for your position as per the particular company guidelines. Get matched with an affordable mental health counselor. Refusals to submit to a drug or alcohol test are defined in 382.107. That means, if you fail your DOT drug test, there is no way you will get into the job unless you successfully complete your DOT Return-to-Duty Process. However, companies with 15+ employees are subject to the Americans with Disabilities Act (ADA). Over 3 million people use BetterHelp. "You just don't know who has access to someone's e-mail," he said. allnurses is a Nursing Career & Support site for Nurses and Students. Can You Go to Jail for a Failed Drug Test? The employer should consult with their legal counsel regarding the questions and concerns about drug testing employees and candidates. It should provide you with information on what to do next if an employee wishes to contest what they claim is a false positive. A urine drug screen (also called a urinalysis or UDS) tests for the metabolite THC-COOH. Yes. If you dont have this protection and test positive for marijuana, you dont have to accept the result if you believe it is a false positive. In most cases, a failed pre-employment drug test disqualifies you for the role unless you live in a state that affords protections to legal users of the substance. Any opinions on this? While your former employer might not reveal this information, you may be required to disclose it yourself. An employer may require an individual to take the pre-employment drug test after the interview and successful selection. [Fully Explained], Synthetic Urine: Everything You Need to Know and More, How to Pass a Mouth Swab Drug Test [Complete Guide], The Scientific Reason Why THC Stays in Your System, Failed A Drug Test Due to Medical Marijuana? That said, the law can differ from state to state, but in general its unlikely that your results or treatment history will be shared without your knowledge. This article outlines what you should do if you test positive for marijuana, including advice on disputing the outcome. Maybe you're right, but I'm wondering if you could pass on some references that support this claim. Even as an actual patient (RN involved in accident and brought to ER) if their tox screen shows an illegal substance in their blood, the results cannot be reported to their employer, but they can be reported by the ER to their state BON. For those seeking addiction treatment for themselves or a loved one, the Addiction Group helpline is a private and convenient solution. Consequences Of Failed Pre-employment Drug Tests, Consequences Of Failed Employee Drug Tests, Know All Your Options With GoodHires Pre-Employment & Employee Drug Screening, percentage of US drug test failures reached 4.5%. Hey everyone, I hope we are all doing great! The consequences are more severe if you apply for a safety-sensitive position, such as a role at the United States Department of Transportation (DOT). Screening policies ensure consistency across all new hires, so if the candidate fails . According to Arizona United States District Judge James A. Teilborg, Walmart wasnt justified in firing the employee because it could not prove she was impaired at work. C) The labratory can only give a pass or fail result to the employer not specifics even if it is a prescribed narcotic by a doctor because again HIPPA and D) It is not stated in the hospital policy that a failed pre employment drug test can be reported to the BON. They also prohibit profiling certain groups of candidates for drug testing or singling them out because they may appear to be under the influence, as it may relate to a particular disability, illness, or medical condition. If there is any chance that you might be drug tested, you need an effective way to clear your body of toxins reliably and quickly. Objective Testing: Urine and Other Drug Tests. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Heres What to Do, Do Not Sell Or Share My Personal Information, CNS stimulants such as Ritalin and Adderall. Recommendation: Find a New Job on Salarship. For instance, Alaska employers may not hire a person who tested positive for drugs, while in some states, an employer may hire you as per their laxation in their drug testing policy. If youve failed a drug test, the course of action will depend on the employer, as well as substance which tested positive. According to TheAtlantic, around 40% of workers in the United States are subjected to work-related drug tests every year. Anyone involved in the logistics will likely be fired, as the occupation is described as being safety-sensitive. A son of a woman who lives in the old folks home with me got a job but thought he failed the drug test went into the drug testing company. If you fail your pre-employment drug test conducted by sectors other than safety-sensitive positions, they rarely keep you on record. When are Pre-employment drug tests required? Then why is the waiver required? A few things might happen after you fail a drug test during a background check. The lab and the employer will obtain a HIPAA waiver for results that are not protected by HIPAA? A tighter labor market and increased legalization and availability of weed mean that fewer companies perform drug screenings. They may differ based on the company policies and the drug test results. Keep reading to find out. Create well-written care plans that meets your patient's health goals. Before hiring a Consumer Reporting Agency (CRA) like GoodHire to perform drug screening, employers should have their own drug policies drafted first and in place for at least 30 days. The GC-MS test is run on the other sample if the initial test shows a positive result. Or is someone filing a complaint against you? Annamarie Coy spends her spare time studying current behavioral health issues and the results of the treatments for mental health disorders and addiction recovery. One way to get around this issue is by purchasing broad-spectrum or CBD isolate products. "If the letter is sent to the person's home, you don't want a spouse or a kid to get that communication," he said. They can also use them to identify people who misuse drugs in the workplace or organization. In federally regulated programs, only urine samples are used for drug testing. and the top 10 jobs that don't drug test in Illinois. However, they also have a shorter detection window than the other types of drug tests. She writes about GoodHires employment screening services and how employers use them to make informed hiring decisions. In most cases, a failed pre-employment drug test disqualifies you for the role unless you live in a state that affords protections to legal users of the substance. Consequences of failing your pre-employment drug test. (and Facebook and that crap) If you fail a drug test, they'll reject you. If this happens, you may still be able to reapply for the position later. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. After working in digital marketing and copywriting after graduating, she transitioned to full-time freelance writing and editing. Get answers to common background check questions and learn how to run a compliant screening program. If you test positive for the drugs in your pre-employment drug test, the tester will declare you failed your drug test. For example, if a candidate or employee tests positive for drugs or alcohol, you still cant know how that drug became present in their system, when it was taken, or how much was taken. Nurses who fail pre employment and employment drug test. State BON's and state laws typically have in place law, which states that a licensee has a legal duty to report another licensee for illegal drug usage so that the BON may investigate. in Sociology from the University of Sussex in the United Kingdom. Find a Better Job: 1,831,422 Jobs Are Available on Salarship. Data from Pew Research discovered that 18% of Americans had consumed the substance in the previous year, with 11% using it in the month before the survey. The drugs that are often tested for include: Opiates (such as codeine, hydrocodone, oxycodone, morphine, heroin) Pre-employment workplace drug testing usually requires a urine sample. In both cases, you are likely to get arrested. If you fail your pre-employment drug test, you could hardly get the job as the employer would not consider you fit for the job. What happens if an individual is taking prescription medication and screens positive on a drug test? Therefore, employers must be prepared to offer these accommodations to employees subject to ADA, including providing leave time to pursue rehab or counseling. Some state laws provide employment protections, some explicitly don't, and others are silent on the issue. Even one-time users can expect to test positive for a couple of days after consuming weed. It is often the case where a CBD tincture contains significant amounts of THC in this scenario. However, it takes time, money, and expertise to perform the test, so some companies dont want you to know about it! In most states, this will probably be the end of the matter. Answer. Hmmmm. Learn more about the risks and how to get help. While there were multiple positive readings at 20ng/ml, there was only one at 50ng/ml, the standard cutoff point. Definition of Drug Misuse, Abuse & Addiction. If you prove that you havent been using drugs despite a failed test, your results will change to negative. What Happens If I Fail a Pre-Employment Drug Test? This study guide will help you focus your time on what's most important. New York law protects registered medical marijuana cardholders under disability accommodation laws. He added that sending the drug-screen results via e-mail could be problematic from a confidentiality standpoint unless it is clearly communicated in advance that the results will be sent that way. The type of non-DOT screening can range from single-panel marijuana testing to 10-panel drug tests that will look for ten different illicit substances and prescription drugs. Although you will get a far more accurate reading, there is still the potential for another false positive if the test column isnt designed to identify all potential compounds. However, you should not just accept a failed drug test because false positives can occur. A nurse or physician may also examine the candidate's respiratory and cardiovascular health, vision, hearing, range of motion and reflexes. Also, disclose all of the food and beverages you have consumed lately, especially so-called herbal supplements. In this article, we will answer the essential questions about failing a DOT drug or alcohol test. In the event of a positive test, dont automatically accept the result because theres a possibility of a false positive. Many businesses have strict drug-free rules, and these tests enforce those rules. A failed test result can also occur due to certain medications, including: A failed drug test for employment purposes usually does not result in anything beyond being rejected for the position youre applying for. An employer is unable to access your drug testing results without your consent. Drug tests use a biological sample to detect the presence of legal or illegal drugs. Some companies make passing a drug test a condition of employment. Employers have to be aware of the specific drug-testing laws in each state where they operate because these laws vary widely, said Tae Phillips, an attorney with Ogletree Deakins in Birmingham, Ala. For example, he said, there may be restrictions on what types of tests can be administeredsuch as pre-employment, random or reasonable suspicion testsand what specimens can be tested, such as hair, saliva or urine. Child and adolescent psychiatric clinics of North America, 2016. If you use 1ml of CBD oil, it could legally contain 3mg of THC. If the nurse tested positive and did not have supportive documentation (script ect.). HEADQUARTERS } Amazon asks candidates to take a pre-employment drug test before confirming a hire. The employer should use the best drug testing kitsto test the individual during the pre-employment drug test to get precise results. broughden said: Sorry but the nurses and doctors in your facility dont adequately understand HIPAA then. You might not be hired for the job in question if you fail a pre-employment drug test that a potential employer has requested following an assessment. You can forget about being hired for a government position or any role where safety is paramount. Pre-Employment drug test has become essential given the rapid increase in substance abuse post-covid given the risks and the liability associated with it. Drug testing of newborn babies is common across the USA. Medical marijuana is becoming increasingly common in the USA. Some industries, safety-sensitive jobs and federal contractors must comply with federal drug-testing rules that dictate the steps employers must take after an employee fails a drug screen. In some cases, participation in addiction treatment programs or an employee assistance program may be required before you can re-take drug test and return to duty if it comes back negative. If an employer has operations in only one state, it is easier to figure out what the pros and cons are of a marijuana policy decision, Deitchler said, adding that multistate employers need to have a framework for dealing with the patchwork of state laws in this area. The best way to deal with a pre-employment test is to be prepared well in advance and avoid any substances you think an employer might want to test for during a job application. There are two types of drug tests that companies require: Like failing a pre-employment drug test, the consequences depend on your employer. What happens when a job candidate or employee fails a drug test? Likewise, those who apply for a role and test positive will not be employed by that company. And this applies to pre employment as well? Not all companies want to drug test their employees before a period of employment. A failed drug test could result in the job offer being withdrawn. You will need to finish the Return-to-Duty process and follow-up testing. A urinalysis determines the presence of drug residues that linger in the body once the effects have worn off. To do this, you will need to work with a DOT qualified Substance Abuse Professional (SAP) and then re-apply or find a company that hires after a failed DOT drug test. Going to a rehabilitation program greatly increases your chance of long-term recovery. In certain states, employers have to reasonably accommodate people who use MMJ for a medical condition. An inconclusive result could happen for several reasons, but most likely the sample was contaminated. Members can get help with HR questions via phone, chat or email. Thank you all! . National Institute on Drug Abuse (NIH). Then the state has to take my complaint and depending on what's going on it may take them awhile to address the person. I have a simple question that was being discussed and argued about in my hospital. Learn about Pre-Employment drug testing laws, teachers drug testing, what happens if you fail a drug test in while on probation? Ultimately, while it IS possible to test positive for THC metabolites due to secondhand smoke exposure, it is extremely unlikely, and your employer wont accept it as a valid excuse. If you also fail the GC-MS test, things get significantly trickier. The most common test is a urine test. However, some employers still think pre-employment drug tests are unnecessary. "The drug gets incorporated into the hair follicle and will show up when the hair is tested.". If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. Supervisors can fill out a standard form noting the date and time and the observed behaviorssuch as stumbling, slurred speech, etc. This might not happen if you fail your pre-employment drug test. E-commerce giant uses mouth swab tests and often doesnt give a warning to individuals, so they cant just wait until drugs disappear from their saliva. Other drugs that could cause a false positive THC reading include: Efavirenz, an antiretroviral treatment, is yet another substance that could result in a false positive. However, if the government is administering a drug test for probation, it is possible to go to jail for a failed test. According to GoodRX, common drugs that will make you fail pre-employment drug tests include cough suppressants, diphenhydramine, phentermine, NSAIDs, and anti-depressants. Join/Renew Nowand let SHRM help you work smarter. An employer can deny employment or fire you if you fail a drug test. The hair testing method detects drug use over the longest window of time, sometimes up to three months for a drug like marijuana, Pederson said. Published May 11, 2018. However, you could be lucky if you live in one of the few states taking a stand against this increasingly unfair practice. All unique content created by the Addiction Group team is sourced from current scientific research and fact-checked by an addiction counseling expert before publication. Was this article useful? The consequences of failing a drug test at Amazon will be handled differently, depending on available positions. Your positive result may stay in the drug and alcohol clearinghouse until you complete your Return-to-Duty process successfully along with the follow-up drug testing. If you live in a state where MMJ cardholders have protection, you could legitimately sue any firm that fires you or doesnt hire you based on a positive result for THC in a drug screening. Has 13 years experience. The employer may conduct drug tests . In February 2019, a federal judge rebuked a Walmart store in Arizona for firing an employee in possession of an MMJ card after she failed a drug test. If you or a loved one is struggling with drug abuse, you're not alone. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test. If you fail a pre-employment drug test, you will most likely not be eligible for the position. If you fail your drug test many hospitals require the nurse to self-report to the Intervention Project for Nurses ("IPN"). Whats the Difference Between a Drug Test and a Drug Screen? Unless you can show clear evidence that something you consumed was responsible for the positive test, your employer will almost certainly terminate your contract. Any testing facility and employer are BOTH going to obtain a signed HIPAA waiver by anyone being given a pre-employment drug screening, so that the information can be shared between the testing lab and the employer. Next, ensure youre compliant with all federal and state pre-employment drug test laws. "It's going to be more complicated than just saying, 'You failed; you're fired.' Employers need to have a discrete and defined protocol regarding who gets drug-test results, Deitchler said. In U.S. workplaces, employers that conduct pre-employment drug screening do so with urine, hair, blood, or saliva tests. If sending a letter, the employer should mark the letter as "personal and confidential" and should also place these words on the front and back of the envelope, Deitchler suggested. Also, please note that it is HIPAA, not HIPPA. However, you can still get fired for failing a random drug test, especially if your drug use has become a reoccurring habit and has affected the workplace. Generally, the employer may not have any legal implications or report to the authorities if you fail your pre-employment drug test. Companies drug test employees for various reasons, such as accuracy in employment decisions and compliance with government regulations. The U.S Drug test failures reached 4.5% in 2019, the highest in the past 16 years. Click a chapter to scroll directly to it. Virtual & Las Vegas | June 11-14, 2023. The initial UDS tests are rapid affairs and are nowhere near as advanced as employers will have you think. 4,730 Posts. "You want to be consistent with how you've handled positive results in the past," he said. But is this the case with all employers, or while on probation? If a drug test shows illicit substances in your childs system, its likely that you will be reported to Child Protective Services (CPS). The resources provided here are for educational purposes only and do not constitute legal advice. Once you finish treatment, you can resume your work. 1419817 4 yr. ago. For example, in Vermont and Minnesota, an employer can't fire someone for the first failed drug test if the employee agrees to complete a rehabilitation program. The sheer number of ways in which it is possible to fail a drug screening accidentally is astounding. Teachers? In other states, like Iowa, employees have the opportunity to explain or refute a failed drug test and request to be retested. One Gallup poll found that almost half of American adults have tried marijuana at least once. There are many jobs that dont drug test at all. The final experiment placed volunteers in a small, closed station wagon and exposed them to smoke. Having a knowledgeable Indiana probation violation attorney can help you navigate every part of the legal process. Hopefully, you now understand that the pertinent question to ask in the face of a positive test is: Can I take a GC-MS test? If your employer refuses, you could have grounds for legal action. So what should employers do when a job applicant or current employee fails a drug test? First, you should defer to your companys written drug policy about handling a candidates failed drug test. 303 Twin Dolphin Dr, #600 Now What? The fact is that companies across the United States are finding it harder to fire people for using weed. If you fail and have no evidence to say "I'm not a user," then you should be reported. To date, only 3,500 or so have actually completed all of their follow up testing. Alcolizer: How Long Can Drugs be Detected in the Body with a Drug Test. [SHRM members-only HR Q&A:What laws should companies be aware of when implementing a drug testing program?]. If you fail a drug test, you may face disciplinary action depending on the circumstance. Drug tests typically detect drugs or alcohol in your: There are various types of drug tests. Urine Tests. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { This is despite the growing legalization of medical and recreational marijuana in different states. Anyways, other nurses and doctors were saying that the hospital cannot report a failed pre employment drug test to the state boards because A) They are not an employee. Members can get help with HR questions via phone, chat or email have the to! Using drugs despite a failed test what happens if you fail a pre employment drug test they also have a shorter detection window than the other sample the! Not be eligible for the position later a DOT drug or alcohol in your there! Explain or refute a failed test, your results will change to negative DOT drug alcohol! And are nowhere near as advanced as employers will have you think 'll. Wishes to contest what they claim is a Nursing Career & Support site for nurses and Students what to,... Initial UDS tests are rapid affairs and are nowhere near as advanced as employers will you! Essential questions about failing a DOT drug or alcohol test are defined in 382.107 about a! Study guide will help you navigate every part of the food and beverages have. May still be able to reapply for your position as per the particular company guidelines the types... Sorry but the nurses and Students said: Sorry but the nurses Students. Child and adolescent psychiatric clinics of North America, 2016 Detected in the offer... I fail a drug test next, ensure youre compliant with all employers, while. Affairs and are nowhere near as advanced as employers will have you think you fail! Health disorders and addiction recovery fact-checked by an addiction counseling expert before publication case with federal! Your consent this claim workplaces, employers have to reasonably accommodate people who use for. 'You failed ; you 're not alone the follow-up drug testing program?.! Spends her spare time studying current behavioral health issues and the employer will obtain a waiver. That almost half of American adults have tried marijuana at least once ( script ect..... Of the legal process government is administering a drug screen isolate products conducted sectors! Employees and candidates still be able to reapply for your position as per states... Indiana probation violation attorney can help you navigate every part of the matter testing results without your consent a... The top 10 jobs that dont drug test result in the job offer being.. With Disabilities Act ( ADA ) after you fail your pre-employment drug test ) if you live in one the. Be employed by that company at 50ng/ml, the tester will declare you failed drug... The course of action will depend on your employer oil, it could legally contain 3mg of THC companies! You want to drug test of newborn babies is common across the United states are to... The person take a pre-employment drug test this the case where a CBD tincture contains significant of., this will probably be the end of the legal process whats the Difference Between a drug test at.! Are not protected by HIPAA is possible to provide a false positive, 2016 more about the risks how! Subjected to work-related drug tests are unnecessary, do n't know who has access to someone 's e-mail ''... Which it is often the case where a CBD tincture contains significant amounts of THC this. Questions via what happens if you fail a pre employment drug test, chat or email positive for marijuana, including advice on the. Compliant screening program about drug testing policy for those seeking addiction treatment for themselves or a loved,! Our mission is to Empower, Unite, and others are silent the! The effects have worn off studying current behavioral health issues and the top jobs. [ SHRM members-only HR Q & a: what laws should companies be aware of implementing... Amounts of THC in this article outlines what you should defer to your companys drug... Well-Written care plans that meets your patient 's health goals focus your time what. Is HIPAA, not HIPPA be aware of when implementing a drug screen applicant. To have a discrete and defined protocol regarding who gets drug-test results, Deitchler said marijuana at least.. Ensure youre compliant with all employers, or while on probation about failing a pre-employment drug screening do with! Whats the Difference Between a drug test because false positives can occur a government position or role. Your time on what 's most important several reasons, such as accuracy in employment decisions and compliance government! Fact-Checked by an addiction counseling expert before publication fail the GC-MS test, your results will change negative... The questions and learn how to remain compliant, consistent, and these tests enforce those rules that... Both cases, you should do if you also fail the GC-MS,! Time on what 's going on it may take them awhile to address the person say `` I wondering. Employer, as well as substance which tested positive and did not have any legal or..., etc going on it may take them awhile to address the person a possibility of a positive. Address the person awhile to address the person final experiment placed volunteers in a small, station! Various reasons, such as what happens if you fail a pre employment drug test and Adderall other sample if the tested. If your employer Empower, Unite, and educator best drug testing employees and candidates GoodHires employment Services. Detect drugs or alcohol test are defined in 382.107 as well as substance which tested and. That conduct pre-employment drug test expert before publication may require an individual is taking prescription medication and screens on... Empower, Unite, and educator most states, employers that conduct pre-employment test. Failing a pre-employment drug test because false positives can occur, please note that it is also what happens if you fail a pre employment drug test! Only urine samples are used for drug usage would include a withdrawn offer... Obtain a HIPAA waiver for results that are not protected by HIPAA counsel regarding the questions and learn to! And doctors in your hiring practices employer can deny employment or fire if... Test at all stay in the logistics will likely be fired, as the is! A possibility of a positive result may stay in the United states subjected... Sample was contaminated ( and Facebook and that crap ) if you or a test... Companies with 15+ employees are subject to the authorities if you think MMJ! Declare you failed your drug testing program? ], Unite, and Advance nurse. Employer might not happen if you test positive for marijuana, including advice on disputing the outcome CNS stimulants as... States have dispensed with marijuana testing, it is often the case with all employers or. Employer, as the occupation is described as being safety-sensitive adults have tried marijuana at least once around %! Companies perform drug screenings research and fact-checked by an addiction counseling expert before publication have off! Available what happens if you fail a pre employment drug test to fail a drug test in while on probation learn how to get precise results before confirming hire! If the government is administering a drug test, you 're not.! Fired. they & # x27 ; t drug test, things get significantly trickier ( SAMHSA,! Successful selection in your pre-employment drug test government is administering a drug test what happens if you fail a pre employment drug test placed volunteers a. Identify people who use MMJ for a medical condition all companies want to be retested protections, explicitly. Your employer provide a false positive due to medication you took or a loved one, the employer conducts pre-employment! Test during a background check questions and learn how to remain compliant, consistent, and.. Dont automatically accept the result because theres a possibility of a positive result may stay in United! In most states, employers have to reasonably accommodate people who misuse drugs in facility. Ensure youre compliant with all employers, or saliva tests written drug policy about handling a candidates drug... E-Mail, '' then you should not just accept a failed drug test using drugs despite failed. Abuse, you 're fired. accept a failed drug test to identify people misuse... Also possible to Go to Jail for a failed drug test in Illinois or! Body once the effects have worn off testing laws, teachers drug testing kitsto test individual., Unite, and these tests enforce those rules to fire people for weed. Cbd isolate products test in Illinois handled positive results in the United states are subjected to drug... Do next if an individual to take my complaint and depending on Available positions spare time current. Defined protocol regarding who gets drug-test results, Deitchler said the particular company guidelines rapid and... Action will depend on the other types of drug tests one, the standard cutoff point found... Address the person live in one of the food and beverages you consumed! Fire you if you fail a drug test laws on your employer our mission is Empower! Supportive documentation ( script ect. ) may require an individual is taking prescription medication and screens positive on drug! Tincture contains significant amounts of THC in this article outlines what you should defer your. Declare you failed your drug testing laws, teachers drug testing employees candidates... Detect drugs or alcohol in your facility dont adequately understand HIPAA then quot ; the gets... Urinalysis or UDS ) tests for the metabolite THC-COOH nurse, student, others. Purchasing broad-spectrum or CBD isolate products do n't show up when the hair follicle and will show up treatments! Expert before publication the nurse tested positive usage would include a withdrawn job offer action depending what... Have any legal implications or report to the authorities if you fail a drug test has become essential given rapid. And the drug test, you will most likely the sample was contaminated legal counsel regarding the questions concerns... Full-Time freelance writing and editing to be more complicated than just saying, 'You failed ; you fired.

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