What We Do

Our SAFETY Act experts team with, educate, and provide advice to entities of all types including large corporations, small businesses, sports teams, venue owners, ports, airports, non-profits, schools, governmental entities, individuals, and many others.  We help them evaluate and understand the potentially devastating terrorism related liability exposures all organizations face today. We assist them in insulating themselves from the potentially catastrophic financial nightmares associated with terrorism related liability risks.

Adequate terrorism liability insurance remains unavailable or, more likely, economically unfeasible to purchase. The SAFETY Act is by far the best solution, and the only sure way to fully insulate oneself against any terrorism related liability claims, demands, or lawsuits.

You do not have to be a government contractor, make or sell anything, or even be in, or associated with, the security or safety industry to be financially exposed. As a user of safety and security products, technologies or services, you can benefit greatly from the SAFETY Act.  

These potentially catastrophic enterprise threatening terrorism liability exposures can stem from physical, financial, cyber acts, or some combination thereof. Today, all of these threats are very real.

A terrorist act, and the resulting allegations of your negligence, failures, and/or omissions can destroy your organization’s good reputation. Plaintiffs will blame any possible flaw in your facilities, security or security and response procedures, network protection, technologies, training, services, staff, etc.  The logic will be: "How could this terrorist event possibly happen? - Some security or safety measure of yours had to be missing, fail, or be inadequate or this would have been stopped, or at least had less impact ... right?" - Very tough logic to disprove in court when people are hurt.

These allegations will create severe financial challenges resulting from these high profile, emotionally charged, lawsuits that will certainly follow any act of terrorism that is alleged to somehow involve your operations. You potentially put your entire company or organization at financial risk. 

The SAFETY Act can protect against terrorism related liability lawsuits and damage claims for any type of organization or entity, including yours! 

If the security, fire, and/or other safety related products, services or procedures you use, manage, or sell could, even partially, or in some capacity, help to identify, deter, defend against, prevent, respond to, or mitigate an act of terrorism, you are eligible for the SAFETY Act's sweeping benefits and liability protections.

If you happen to be a provider or seller, SAFETY Act approval for your goods or services creates a highly compelling product or service differentiator and tremendous sales tool.  Barring your competitor’s own SAFETY Act approval, this overwhelming competitive edge cannot be duplicated!

Our team and partners are experts on helping clients apply for, and benefit from, the unprecedented and sweeping liability protections available under the DHS SAFETY Act.

We work closely with entities of all types and sizes including Fortune 500, private, non-profit, entertainment including sports teams, sports venues, large arenas, casinos, etc., public, quasi-public / quasi-governmental, or pure governmental entities, and all from virtually all industry sectors, private, Federal, state or local / municipal governments. 

Again, you do not have to sell anything or be in the security, protection, or homeland security industries, to be financially exposed.  SAFETY Act can apply to, and protect, any organization or entity including yours. 

   Quick Links: 

SAFETY Act Short Overview 

SAFETYAct.gov

The SAFETY Act Will Protect Your Company or Organization!

Any organization that uses (or provides) products, procedures, technologies, and/or services for security purposes, that may also have an anti-terrorism function, should seek SAFETY Act liability protection from the Department of Homeland Security. The liability protection provided under this Federal legislation are by far the best way to manage and minimize the massive and very real liability exposures associated with any perceived failure or omission in your security practices, policies, technologies, facilities, products, etc.

The SAFETY Act is perhaps the most significant and important piece of Federal tort reform legislation ever enacted by Congress.

Your Risks

Devastating liability exposures can stem from your use, sale or deployment of any type of security / anti-terrorism products, technologies, procedures, advice or services.  These exposures come from things or procedures you use or deploy at your own facilities, or the product liability risks created by providing or selling products, technologies, advice or services to others.

SAFETY ACT CONSULTANTS and our partner firms and experts provide ERM consultation on the use of many legal, financial, statutory and/or governmental risk mitigation methods and solutions.  Most importantly, we show clients how to carefully integrate and maximum the benefits of any given strategy(ies).

Each client, and their security / terrorism related risks, are very different, and each requires highly customized solutions. These solutions can include both traditional and non-traditional mitigation strategies. 

They may include combinations of cost effective insurance and TRIA utilization, captive and risk retention group utilization, contractual risk transfer, as well as other available governmental liability indemnification and/or statutory protection strategies including those available under the FARs, P.L. 85-804 and in particular, the SAFETY Act, with its sweeping liability caps, defenses, immunities, and other legal and defense incentives. 

Earning a SAFETY Act Designation from the DHS provides the broadest possible liability protections and, in addition, overwhelming marketing benefits for those entities who may sell or provide goods or services to others. These liability protections and marketing benefits are not available anywhere else. 

The SAFETY Act of 2002

The SAFETY Act, an acronym for the "Support Anti-terrorism by Fostering Effective Technologies Act of 2002", is a little known and very often misunderstood Federal Law that was enacted in 2002 as a part of the Homeland Security Act. 

This law grants unprecedented statutory immunities, liability caps, affirmative defenses for entities that provide or use things to help identify, protect against, mitigate, respond to or recover from, a terrorist event. These things do not need to be exclusively dedicated to anti-terrorism.  Access control or firewall software can qualify under SAFETY Act.

The SAFETY Act can apply to products, technologies, services, facilities, designs, advice, actions, software, hardware, methods,  procedures or strategies used in helping prevent, respond to or recover from either a physical terrorism act or to e-terrorism. 

From a pure risk management / D & O / Sarbox standpoint, organizations have a duty to explore the potential benefits of this remarkable legislation.  The law’s liability caps, immunities and other benefits cannot be gained or granted from anywhere else and your insurance alone will never be able to adequately cover the catastrophic liability potential that can be protected under the SAFETY Act!

If you sell to others, the marketing advantages
created under SAFETY Act are overwhelming!

SAFETY Act's protections apply to the successful applicant. However, if you sell or provide products or services to others, even broader protection applies to your customers. They are immune from suit under Federal law if the SAFETY Act Designated product, service, procedure or technology is alleged to somehow not prevented, help respond to, or help to mitigate, a terrorist event.

Your competitors, absent their own SAFETY Act approval, cannot possibly provide their customers with this immunity.

At SAC, our team will help your organization: 

• Prevent a catastrophic and potentially enterprise threatening financial disaster

• Qualify and be granted Federal statutory immunity or a maximum liability cap for terrorism related lawsuits

• Save money while creating a significant product differentiation
  and competitive advantage

• Save money while increasing your marketing exposure, sales potential, revenues and business opportunities

• Save on terrorism related insurance premium costs and/or your total cost of risk

• Help protect your Owners', Directors’ and Officers’ personal assets

• Assure proper contractual language dovetailing required to assure that both SAFETY Act and your contracts respond as expected

• Protect your bottom line even if terrorism liability insurance coverage is not available, not affordable or inadequate

• Assure proper insurance program dovetailing required to comply with both SAFETY Act and your insurance program

• Help avoid potential Sarbox related questions, issues or violations

• Access to our professional business partners providing the best, most cost effective services, expertise, experience, advice and solutions possible

• Access our "start to finish and then some" SAFETY Act consultation services which fully incorporate the technical, insurance and legal expertise needed for a successful result

• Save money, time, energy, duplication and unnecessary work when applying for your SAFETY Act approval(s)

• Minimize your professionals' time, effort and workloads during the SAFETY Act application process ...

SAFETY ACT Overview &"Quick Facts"

• The SAFETY Act was enacted by Congress as a part of the Homeland Security Act of 2002.

• SAFETY Act is actually an acronym for the section of the Homeland Security Act titled the “Support Anti-terrorism by Fostering Effective Technologies Act”. 

• This Federal law provides unprecedented immunity, liability caps, defenses and other incentives available to private or governmental entities who use products, technologies or services, whether for protecting themselves or protecting others, that attempt to deter, identify, protect against, prevent or mitigate a terrorist act.

• SAFETY Act immunities and liability protections can also be granted to products, services, advice or technologies that are used or supplied for responding to, limiting or recovering from a terrorist act.

• SAFETY Act protections can apply to measures taken at ones’ own facilities or to providing others with anti-terrorism or response related products, technologies, advice or services.

• Measures used or provided do not have to be dedicated exclusively to terrorism or security.

• Access control, security cameras, guards, firewall and similar software, communication systems, sensors, alarm systems, protective gear, evacuation planning and procedures are all examples of things that have both terrorism and non-terrorism applications and exposures.

• The DHS has the authority to grant to all of the above measures  the liability protections afforded under the SAFETY Act. 

 

  We will help you ...

 ... GET INTO THE ACT !™

 

 More on The SAFETY Act

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Our Core Services: 

• Free Initial Consultation 

• Help Reduce Your Costs 

• Detailed SAFETY Act Explanation and Education 

• Evaluate SAFETY Act Applicabilty to Your Specific Exposures 

• Review and Evaluate Your Overall Terrorism Liability Exposures and Mitigation Strategies 

• Provide Highly Cost Effective Solutions 

• Provide Reports and Updates as Requested 

• Full SAFETY Act Application Support 

• Provide Updates & DHS Feedback 

• Negotiate with the DHS, Lawyers, Brokers and/or Insurers as Needed 

• Evaluate Existing SAFETY Act Approvals for Issues and Conflicts 

• Review Insurance Program for Conflicts, Compliance, Adequacy and Potential Cost of Risk Savings 

• Review Contracts and Agreements for Conflicts, Issues, Compliance and Modifications Needed 

• Assist in Upgrading Any Existing SAFETY Act Approvals 

• Help You Use SAFETY Act to Better Market Approved Products and/or Services 

• Help Create an Overall SAFETY Act Strategy Plan for You, Your Customers, Suppliers, and Vendors 

• Provide Expert Advice, Consultation and Access to Our Key Business Partners as Needed or Requested 

• Consult on Other Related Terrorism Financial Protection Strategies and Solutions

• Post approval support including any changes in your insurance, the insurance market, insurance costs; changes in your approved products or services; periodic review of compliance and other services you deem necessary
  

We Can Provide Resources and Advise you on other terrorism related financial protection strategies - 

These include contractual protection review, FARs, Public Law 85-804, Government Contractor Defense - "Boyle", captive utilization and/or formation, conventional and non-conventional terrorism insurance coverages, TRIA applicability and access, BPATS, etc.

We will help you: 

Protect Your Organization from enterprise threatening liability that will follow a terrorist event alleged to involve your organization's facilities or products in any way 

Protect your bottom line from suits stemming from the use, manufacture, distribution, provision or deployment of anti-terrorism or terrorism response or mitigation related products, advice, aid, procedures, technologies or other services 

Save Money on both new and existing insurance programs, the ongoing cost of risk as well as the overall SAFETY Act process

Increase Your Revenue by using SAFETY Act approval to help market your products, advice, facilities, technologies or services including cyber or network related 

Thoroughly understand the SAFETY Act as well as the regulations that implement it 

Thoroughly understand the SAFETY Act application process

Evaluate the Act's benefitto your organization, insurance, products, suppliers, vendors and customers 

Determine if SAFETY Act
protection can apply to a given product, facility, technology, procedure and/or service 

Describe and review the Act with your risk management, legal, upper management, finance, engineering, and marketing groups as needed 

Evaluate the time demands, costs and difficulty of the application process for your unique exposures 

Manage the entire application process through completion 

Evaluate insurance programs for adequacy in coverage, limits, protecting your liability cap savings, insurer and SAFETY Act compliance 

Evaluate contracts and other agreements for conflicts, issues adequacy as well as insurer and SAFETY Act compliance 

Provide options for minimizing cost of insurance and risk while maximizing coverages 

Arrange for outside experts as appropriate for your specific needs including experts in technical, legal, insurance and political affairs as well as physical and financial asset, business income and supply chain protection 

Monitor the SAFETY Act status of your suppliers, vendors, subcontractors and customers 

Negotiate with the DHS, insurance brokers, insurers and/or lawyers if potential problems, conflicts, limitations, potential savings or enhancement possibilities exist 

Create a standardized process to coordinate and manage all SAFETY Act related activities for existing,planned or future exposures as well as third party approvals (i.e. your vendors)