Suspended prison sentence for unregistered gas work
- A Staffordshire fitter has been handed a suspended prison sentence for illegal gas work that potentially endangered lives.
Glenn Edkins, 43, trading as GPE Plumbing and Heating, carried out faulty gas work while installing a boiler at a home in Barton-under-Needwood between 8 and 22 November 2012. Mr Edkins was not Gas Safe registered as the law requires.
His illegal handiwork was investigated by the Health and Safety Executive (HSE), which prosecuted Mr Edkins for breaching gas safety law.
Burton Magistrates’ Court heard that Mr Edkins left the boiler working and filled in the commissioning paperwork and boiler guarantee, quoting a false Gas Safe registration number.
Soon after, the householders smelled gas in the room where the boiler was and called Mr Edkins back. He identified the location of the leak and fixed it.
It was then the occupants decided to check Mr Edkins with Gas Safe Register and discovered he was not a registered engineer despite having carried out work for them in the past.
A local Gas Safe registered engineer visited, checked the installation and identified several serious defects.
Undersized copper pipe was used to supply gas to the boiler. This could have caused a potentially dangerous pressure drop if the boiler, fire and cooker hob were all in use at once. The fire and/or hob would have cut out, but as gas started flowing again as the other devices stopped, gas would escape into the room, potentially causing an explosion and putting the residents’ lives at risk.
Mr Edkins also used copper pipe at the incorrect width and left corroded pipe work in a wall, which could also have led to leaks and explosions.
Once HSE was informed, Mr Edkins was served with a Prohibition Notice preventing him from carrying out further gas work until he was registered.
Glenn Phillip Edkins of Holly Road, Barton-under-Needwood, was sentenced to six months in prison, suspended for 12 months, and was ordered to pay a victim compensation order of £1,275. He was also ordered to pay costs of £1,264 having previously pleaded guilty to three breaches of the Gas Safety (Installation and Use) Regulations 1998.
Speaking after the hearing, HSE inspector Lyn Spooner said:
“Glenn Edkins put lives and property in danger by flouting the laws that are designed to protect people from substandard and defective gas work carried out by unregistered fitters.
“HSE would encourage all homeowners and landlords to ensure they only use Gas Safe registered engineers and to check whether an engineer is registered before any work commences.
“Gas safety remains a priority for HSE and we will continue to bring illegal gas fitters to justice when we become aware of those who place lives in danger and show a blatant disregard for the law.”
Plumber prosecuted over illegal gas work at two fast-food restaurants
His illegal handiwork was investigated by the Health and Safety Executive (HSE), which prosecuted Mr Edkins for breaching gas safety law.
Burton Magistrates’ Court heard that Mr Edkins left the boiler working and filled in the commissioning paperwork and boiler guarantee, quoting a false Gas Safe registration number.
Soon after, the householders smelled gas in the room where the boiler was and called Mr Edkins back. He identified the location of the leak and fixed it.
It was then the occupants decided to check Mr Edkins with Gas Safe Register and discovered he was not a registered engineer despite having carried out work for them in the past.
A local Gas Safe registered engineer visited, checked the installation and identified several serious defects.
Undersized copper pipe was used to supply gas to the boiler. This could have caused a potentially dangerous pressure drop if the boiler, fire and cooker hob were all in use at once. The fire and/or hob would have cut out, but as gas started flowing again as the other devices stopped, gas would escape into the room, potentially causing an explosion and putting the residents’ lives at risk.
Mr Edkins also used copper pipe at the incorrect width and left corroded pipe work in a wall, which could also have led to leaks and explosions.
Once HSE was informed, Mr Edkins was served with a Prohibition Notice preventing him from carrying out further gas work until he was registered.
Glenn Phillip Edkins of Holly Road, Barton-under-Needwood, was sentenced to six months in prison, suspended for 12 months, and was ordered to pay a victim compensation order of £1,275. He was also ordered to pay costs of £1,264 having previously pleaded guilty to three breaches of the Gas Safety (Installation and Use) Regulations 1998.
Speaking after the hearing, HSE inspector Lyn Spooner said:
“Glenn Edkins put lives and property in danger by flouting the laws that are designed to protect people from substandard and defective gas work carried out by unregistered fitters.
“HSE would encourage all homeowners and landlords to ensure they only use Gas Safe registered engineers and to check whether an engineer is registered before any work commences.
“Gas safety remains a priority for HSE and we will continue to bring illegal gas fitters to justice when we become aware of those who place lives in danger and show a blatant disregard for the law.”
Plumber prosecuted over illegal gas work at two fast-food restaurants
- An Essex plumber has been given a suspended prison sentence and ordered to do 240 hours of community work after carrying out illegal and unsafe gas work at two fried chicken shops in Southend-on-Sea.
Richard Smith, 56, from Dagenham, exposed staff, customers, owners and their families to the risk of explosion and injury after leaving gas appliances in a condition classified as ‘At Risk’.
The Health and Safety Executive (HSE) prosecuted Mr Smith for serious breaches of gas safety regulations after his sub-standard work was uncovered at Tasty Chicken, Westcliff-on-Sea, and The Chick Inn, Southend-on-Sea in June 2013.
Southend-on-Sea Magistrates’ Court heard that Mr Smith visited both premises on 5 May 2012 to carry out annual gas safety checks on commercial gas cookers and a gas boiler, despite not being Gas Safe registered or competent to carry out the work.
HSE found that Mr Smith, who had never been trained to work on commercial catering equipment, had been using an expired Gas Safe Register card he had received while working for a former employer. HSE had warned him against making false claims with clients in 2011 but he ignored this warning.
Richard Smith, of Wren Road, Dagenham, Essex, was given a four month prison sentence, suspended for 12 months, and ordered to carry out 240 hours of community work. He was also ordered to pay costs of £892 after pleading guilty to six breaches of the Gas Safety (Installation and Use) Regulations 1998.
After the case, HSE Inspector Sue Matthews said:
“Anyone working on gas appliances needs to be a member of the Gas Safe Register to prove they are competent to work on the gas appliances concerned.
“Mr Smith defied these requirements as he was not registered and had never been trained to work on commercial catering equipment. He also falsely claimed to be Gas Safe registered in spite of a previous warning by HSE in 2011 that this was against the law.
“By failing to heed this warning, Mr Smith potentially endangered the lives of the public and the employees at Tasty Chicken and The Chick Inn. The Tasty Chicken owner’s family, who lived on the premises, were also put at risk.
“It is vital that gas-fired catering equipment is properly checked as gas leaks can easily go undetected in commercial kitchens due to food odours and the use of extractor fans while cooking is taking place.
“Poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning.”
Narrow escape for teenage worker in four metre fall
The Health and Safety Executive (HSE) prosecuted Mr Smith for serious breaches of gas safety regulations after his sub-standard work was uncovered at Tasty Chicken, Westcliff-on-Sea, and The Chick Inn, Southend-on-Sea in June 2013.
Southend-on-Sea Magistrates’ Court heard that Mr Smith visited both premises on 5 May 2012 to carry out annual gas safety checks on commercial gas cookers and a gas boiler, despite not being Gas Safe registered or competent to carry out the work.
HSE found that Mr Smith, who had never been trained to work on commercial catering equipment, had been using an expired Gas Safe Register card he had received while working for a former employer. HSE had warned him against making false claims with clients in 2011 but he ignored this warning.
Richard Smith, of Wren Road, Dagenham, Essex, was given a four month prison sentence, suspended for 12 months, and ordered to carry out 240 hours of community work. He was also ordered to pay costs of £892 after pleading guilty to six breaches of the Gas Safety (Installation and Use) Regulations 1998.
After the case, HSE Inspector Sue Matthews said:
“Anyone working on gas appliances needs to be a member of the Gas Safe Register to prove they are competent to work on the gas appliances concerned.
“Mr Smith defied these requirements as he was not registered and had never been trained to work on commercial catering equipment. He also falsely claimed to be Gas Safe registered in spite of a previous warning by HSE in 2011 that this was against the law.
“By failing to heed this warning, Mr Smith potentially endangered the lives of the public and the employees at Tasty Chicken and The Chick Inn. The Tasty Chicken owner’s family, who lived on the premises, were also put at risk.
“It is vital that gas-fired catering equipment is properly checked as gas leaks can easily go undetected in commercial kitchens due to food odours and the use of extractor fans while cooking is taking place.
“Poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning.”
Narrow escape for teenage worker in four metre fall
- A 16-year-old apprentice had a lucky escape from serious injury after falling four metres through a fragile rooflight at a farm in Leyburn, North Yorkshire, a court has heard.
The teenage worker, from Masham, suffered bad bruising to his back but no broken bones after his fall through the rooflight on a barn where solar panels were being installed by electrical contractor Austin Gregg, of Masham. It was only his third day at work.
The incident, on 26 June 2013, was investigated by the Health and Safety Executive (HSE), which prosecuted Mr Gregg, trading as Gregg Electrical, at Northallerton Magistrates’ Court.
Magistrates were told Mr Gregg had two apprentices working with him that day. When the incident happened, he was on the roof of another shed planning the fitting work. The 16-year-old was on the ground tidying up when he was asked by the other apprentice if he would fetch a tool.
Without thinking to put a harness on, the youngster went on to the roof, stumbled and trod on a partially-covered rooflight which gave way, sending him crashing through to land on the concrete floor below.
HSE’s investigation found that Austin Gregg had taken some precautions but they were either insufficient or incomplete. Fragile rooflights were partially covered and harnesses had been provided with lanyards but fixing points were not adequate or tested.
Austin Gregg, of Westholme Crescent, Masham, North Yorkshire, was fined £2,000 and ordered to pay £505 in costs after admitting a breach of Section 2(1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector Julian Franklin said:
“This young man certainly had a close shave. Falling from height remains one of the biggest causes of death and major injury.
“It is crucial that employers put safety precautions in place for working at height, whether the job lasts ten minutes or ten days. The risks of working on fragile roofs are well recognised and there is no excuse for putting workers at unnecessary risk of serious injury, or even death.
“It is particularly important to ensure that vulnerable young people, new to the working environment, are given very close supervision, clear instructions and not exposed to risks that they may not be able to envisage.”
The incident, on 26 June 2013, was investigated by the Health and Safety Executive (HSE), which prosecuted Mr Gregg, trading as Gregg Electrical, at Northallerton Magistrates’ Court.
Magistrates were told Mr Gregg had two apprentices working with him that day. When the incident happened, he was on the roof of another shed planning the fitting work. The 16-year-old was on the ground tidying up when he was asked by the other apprentice if he would fetch a tool.
Without thinking to put a harness on, the youngster went on to the roof, stumbled and trod on a partially-covered rooflight which gave way, sending him crashing through to land on the concrete floor below.
HSE’s investigation found that Austin Gregg had taken some precautions but they were either insufficient or incomplete. Fragile rooflights were partially covered and harnesses had been provided with lanyards but fixing points were not adequate or tested.
Austin Gregg, of Westholme Crescent, Masham, North Yorkshire, was fined £2,000 and ordered to pay £505 in costs after admitting a breach of Section 2(1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector Julian Franklin said:
“This young man certainly had a close shave. Falling from height remains one of the biggest causes of death and major injury.
“It is crucial that employers put safety precautions in place for working at height, whether the job lasts ten minutes or ten days. The risks of working on fragile roofs are well recognised and there is no excuse for putting workers at unnecessary risk of serious injury, or even death.
“It is particularly important to ensure that vulnerable young people, new to the working environment, are given very close supervision, clear instructions and not exposed to risks that they may not be able to envisage.”
Company in court for ignoring safety risks
- A stone quarrying company in Portland has been fined for safety breaches after a worker fell more than four metres onto a concrete floor, suffering a broken hip and head injuries, while replacing roof lights on a fragile roof.
Weymouth Magistrates’ Court heard that the 50-year-old employee, from Weymouth, who does not wish to be identified, was on the fragile roof of Portland Stone Firm’s main depot in Easton Street when the incident happened on 16 August 2012.
He was using a ladder and the roof purlins to gain access to the work site because the cherry picker he usually used had been removed from the site by the company.
While replacing a light, he stepped back off the roof purlins and fell 4.5 metres through the fragile roof and onto the concrete floor inside the building. He sustained a large gash to the back of his head and broke part of his hip bone. He had to undergo a number of hip operations and later lost his job with the company.
An investigation by the Health and Safety Executive (HSE) found that the planning and supervision of the work was inadequate, suitable equipment was not provided and Portland Stone Firms Ltd failed to ensure a safe system of work.
HSE told the court that safety measures such as working platforms fitted with guardrails, proper crawling boards, edge protection around the perimeter of the roof, safety nets under the roof or a harness system to mitigate any fall should have been put in place by the company.
Portland Stone Firms Limited of Easton Street, Portland, Dorset pleaded guilty to two breaches of health and safety law including a breach of the Work at Height Regulations 2005. The company was fined a total of £20,000 and ordered to pay £18,992 costs.
Speaking after the hearing, HSE Inspector Mehtaab Hamid said:
“Falling from height is one of the most frequent causes of deaths and injuries by workers. The Work at Height Regulations exist to protect people from serious injury and employers who are prepared to put their workers’ lives at risk by breaching them will be prosecuted. “Employers must ensure that all work at height, particularly work on fragile roofs, is properly planned and organised and that employees are protected from falls. In this case, Portland Stone Firms neglected to implement basic safety measures to minimise the risk of falls and failed in its duty to ensure the health and safety of its employee.
“Employers have a legal duty to manage safety and failing to do so too often ends in tragedy.”
He was using a ladder and the roof purlins to gain access to the work site because the cherry picker he usually used had been removed from the site by the company.
While replacing a light, he stepped back off the roof purlins and fell 4.5 metres through the fragile roof and onto the concrete floor inside the building. He sustained a large gash to the back of his head and broke part of his hip bone. He had to undergo a number of hip operations and later lost his job with the company.
An investigation by the Health and Safety Executive (HSE) found that the planning and supervision of the work was inadequate, suitable equipment was not provided and Portland Stone Firms Ltd failed to ensure a safe system of work.
HSE told the court that safety measures such as working platforms fitted with guardrails, proper crawling boards, edge protection around the perimeter of the roof, safety nets under the roof or a harness system to mitigate any fall should have been put in place by the company.
Portland Stone Firms Limited of Easton Street, Portland, Dorset pleaded guilty to two breaches of health and safety law including a breach of the Work at Height Regulations 2005. The company was fined a total of £20,000 and ordered to pay £18,992 costs.
Speaking after the hearing, HSE Inspector Mehtaab Hamid said:
“Falling from height is one of the most frequent causes of deaths and injuries by workers. The Work at Height Regulations exist to protect people from serious injury and employers who are prepared to put their workers’ lives at risk by breaching them will be prosecuted. “Employers must ensure that all work at height, particularly work on fragile roofs, is properly planned and organised and that employees are protected from falls. In this case, Portland Stone Firms neglected to implement basic safety measures to minimise the risk of falls and failed in its duty to ensure the health and safety of its employee.
“Employers have a legal duty to manage safety and failing to do so too often ends in tragedy.”
Two firms fined after worker severely injured in fall
- Two construction firms have been sentenced for serious safety failings after a worker was left with life-changing injuries when he fell almost four metres through a hole in the first floor of a hotel in Aberdeen.
Scott Massie, then aged 37 years, was employed by Riverside Construction (Aberdeen) Limited, which had been subcontracted by Aberdeen Fabrication Limited (A-FAB) to work on a major refurbishment project at the premises in Market Street.
Peterhead Sheriff Court heard that Mr Massie had been replacing a floorboard over a hole in the first floor, one of several that had been used to hoist materials up to the floors above. But as he manoeuvred the board into position, it fell through the hole followed by Mr Massie himself.
Mr Massie landed on his back nearly four metres below, fracturing his spine in several places. No one heard him call out for help and he had to crawl back up to the first floor before colleagues found him.
He suffered eight fractures of the vertebrae, two broken ribs and was in hospital for almost eight weeks. He had to undergo physiotherapy to learn how to walk again and has been diagnosed as having permanent damage to his lower back.
The incident, on 13 October 2009, was investigated by the Health and Safety Executive (HSE) which, just a few weeks earlier, had served an Improvement Notice on principal contractor A-FAB following a site inspection. HSE had found failings in how work at height was being carried out and given the company time to put specific improvements in place.
HSE’s investigation into Mr Massie’s fall found the hole was part of a temporary hoist shaft installed on the instruction of the site manager, which consisted of holes in all four floor levels.
Boards placed over the holes when the hoist was not in use was the only measure to prevent a person falling through. Riverside’s supervisor intended that they be put in position by two people and screwed down, but this was not always done and there were no guards around the hole when the hoist was in use.
HSE identified that A-FAB had failed to sufficiently address the safety issues in the Improvement Notice and that both companies had failed to take suitable and sufficient steps to prevent persons from falling a distance likely to cause personal injury and, in particular, failed to ensure that holes in the floors were adequately guarded or that other means were in place to prevent persons approaching and falling through said holes.
Aberdeen Fabrication Limited, of Carden Place, Aberdeen, was fined £45,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Riverside Construction (Aberdeen) Limited, of Bon-Accord Crescent, Aberdeen, was fined £30,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Principal Inspector Isabelle Martin, said:
“It was clear there was a risk of a fall through the holes in the floor at this site and had Aberdeen Fabrications Limited and Riverside Construction (Aberdeen) Limited taken the action required by HSE inspectors this incident could have been avoided.
“But as a result of the failings of his employer Riverside Construction and the principal contractor Aberdeen Fabrications, Mr Massie has suffered severe injuries from which he is unlikely to ever fully recover.
Peterhead Sheriff Court heard that Mr Massie had been replacing a floorboard over a hole in the first floor, one of several that had been used to hoist materials up to the floors above. But as he manoeuvred the board into position, it fell through the hole followed by Mr Massie himself.
Mr Massie landed on his back nearly four metres below, fracturing his spine in several places. No one heard him call out for help and he had to crawl back up to the first floor before colleagues found him.
He suffered eight fractures of the vertebrae, two broken ribs and was in hospital for almost eight weeks. He had to undergo physiotherapy to learn how to walk again and has been diagnosed as having permanent damage to his lower back.
The incident, on 13 October 2009, was investigated by the Health and Safety Executive (HSE) which, just a few weeks earlier, had served an Improvement Notice on principal contractor A-FAB following a site inspection. HSE had found failings in how work at height was being carried out and given the company time to put specific improvements in place.
HSE’s investigation into Mr Massie’s fall found the hole was part of a temporary hoist shaft installed on the instruction of the site manager, which consisted of holes in all four floor levels.
Boards placed over the holes when the hoist was not in use was the only measure to prevent a person falling through. Riverside’s supervisor intended that they be put in position by two people and screwed down, but this was not always done and there were no guards around the hole when the hoist was in use.
HSE identified that A-FAB had failed to sufficiently address the safety issues in the Improvement Notice and that both companies had failed to take suitable and sufficient steps to prevent persons from falling a distance likely to cause personal injury and, in particular, failed to ensure that holes in the floors were adequately guarded or that other means were in place to prevent persons approaching and falling through said holes.
Aberdeen Fabrication Limited, of Carden Place, Aberdeen, was fined £45,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Riverside Construction (Aberdeen) Limited, of Bon-Accord Crescent, Aberdeen, was fined £30,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Principal Inspector Isabelle Martin, said:
“It was clear there was a risk of a fall through the holes in the floor at this site and had Aberdeen Fabrications Limited and Riverside Construction (Aberdeen) Limited taken the action required by HSE inspectors this incident could have been avoided.
“But as a result of the failings of his employer Riverside Construction and the principal contractor Aberdeen Fabrications, Mr Massie has suffered severe injuries from which he is unlikely to ever fully recover.
Three injured in floor collapse at mansion
- Two building firms have been ordered to pay a total of £72,000 in fines and costs after a floor collapsed during the construction of a six-bedroom mansion in Trafford, injuring three workers.
One of the men sustained major injuries when he was struck by a falling concrete beam, was in hospital for five weeks and has been unable to return to work following the incident on 11 November 2011.
Belmont Homes (Cheshire) Ltd and Sale-based Waymac Ltd were both prosecuted by the Health and Safety Executive (HSE) after an investigation found that work at the site had been badly planned, putting multiple lives in danger.
Liverpool Crown Court heard that property-developer Belmont had brought in several contractors, including bricklaying firm Waymac, to help with the construction of the four-storey property, valued at £2 million, on South Downs Road in Bowdon.
During the project, the firms discovered that the frame for the first floor was too high and needed to be lowered. This meant reducing the height of some of the concrete padstones that the frame rested on by lifting the frame and then lowering it back down.
As the concrete beams for the floor were put in place following this work, the floor collapsed. Three of the men fell with it, with the beams falling on top of them.
Two workers escaped with minor injuries but one suffered severe injuries when he put up his left arm to protect his head from a falling concrete beam, weighing around half a tonne.
The 47-year-old from Wythenshawe sustained a crushed arm, fractured ribs, punctured lung, broken collar bone and damage to his back. He has lost the use of his left hand and only has very limited use of his left arm.
The HSE investigation found the work to lower the steel frame had been badly planned, and neither company had considered the potential risk of collapse while the structure was in a temporarily weakened state.
Belmont Homes (Cheshire) Ltd, of Budworth Heath in Cheshire, was fined £33,000 and ordered to pay costs of £15,000 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers.
Waymac Ltd, of Eastway in Sale, was fined £9,000 and ordered to pay £15,000 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007 by failing to ensure the structure did not collapse as a result of its work.
Speaking after the hearing, HSE Principal Inspector Neil Jamieson said:
“One of the workers has suffered devastating injuries as a result of the collapse, and the other two were lucky not to have been more seriously injured or even killed.
“Belmont was responsible for the overall management of the work and the company failed to get a grip of the project. Waymac is also an experienced bricklaying firm and it should have been obvious to both companies that lifting and lowering the floor could be dangerous.
“They should have sought the advice of a structural engineer before allowing the work to go ahead. If they had then the injuries the workers suffered could have been avoided.”
Liverpool Crown Court heard that property-developer Belmont had brought in several contractors, including bricklaying firm Waymac, to help with the construction of the four-storey property, valued at £2 million, on South Downs Road in Bowdon.
During the project, the firms discovered that the frame for the first floor was too high and needed to be lowered. This meant reducing the height of some of the concrete padstones that the frame rested on by lifting the frame and then lowering it back down.
As the concrete beams for the floor were put in place following this work, the floor collapsed. Three of the men fell with it, with the beams falling on top of them.
Two workers escaped with minor injuries but one suffered severe injuries when he put up his left arm to protect his head from a falling concrete beam, weighing around half a tonne.
The 47-year-old from Wythenshawe sustained a crushed arm, fractured ribs, punctured lung, broken collar bone and damage to his back. He has lost the use of his left hand and only has very limited use of his left arm.
The HSE investigation found the work to lower the steel frame had been badly planned, and neither company had considered the potential risk of collapse while the structure was in a temporarily weakened state.
Belmont Homes (Cheshire) Ltd, of Budworth Heath in Cheshire, was fined £33,000 and ordered to pay costs of £15,000 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers.
Waymac Ltd, of Eastway in Sale, was fined £9,000 and ordered to pay £15,000 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007 by failing to ensure the structure did not collapse as a result of its work.
Speaking after the hearing, HSE Principal Inspector Neil Jamieson said:
“One of the workers has suffered devastating injuries as a result of the collapse, and the other two were lucky not to have been more seriously injured or even killed.
“Belmont was responsible for the overall management of the work and the company failed to get a grip of the project. Waymac is also an experienced bricklaying firm and it should have been obvious to both companies that lifting and lowering the floor could be dangerous.
“They should have sought the advice of a structural engineer before allowing the work to go ahead. If they had then the injuries the workers suffered could have been avoided.”
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