Just what is the SAFETY Act ?

The SAFETY Act is a little known and often misunderstood piece of legislation that can protect an entity from the truly "enterprise threatening" liability they could face following a terrorist event.  This liability can come from an attack on their own facilities or an attack on a third party where products, technologies, advice or services were provided. The Act's protection can apply to a physical attack on persons or property or to acts of cyber-terrorism that cause physical and/or financial harm. 

The SAFETY Act was enacted by Congress as a part of the Homeland Security Act of 2002 (Public Law 107-296).   SAFETY Act is actually an acronym for the section of the Homeland Security Act titled the “Support Anti-terrorism by Fostering Effective Technologies Act”. 

The Act’s purpose is to ensure that the threat of potential liability suits does not limit or deter the development, manufacture, deployment, use or commercialization of products, technologies, procedures, software, system integration, advice and/or services that could prevent or mitigate a terrorist attack. 

The Act provides unprecedented immunities, liability protections, caps and other incentives for approved entities who use, supply, design, manufacture, provide or are otherwise involved in preventing, deterring, mitigating, responding to or recovering from a terrorism event. 

SAFETY Act protections apply to a certified act of terrorism when the  qualified or "Designated" product, service or technology was used, deployed or otherwise alleged to be involved. The Act's protections can apply to "hard" products as well as to services, procedures, integration of multiple anti-terror tactics, overall facility protection, software, advice, etc.  The law applies to products and services provided to, or used by, either the government or civilian sector. 

See our SAFETY Act Benefits Page

- IMPORTANT NOTES -

The financial and liability ramifications on a company, its owners, officers and directors, for not applying for SAFETY Act protection, when it could have otherwise qualified,
could be severe.

It is also important that entities who are currently SAFETY Act Designated, those who have applied, or those that will apply, understand how approval under the SAFETY Act will impact
both new and/or existing insurance placements, coverages, premium costs as well as contracts, leases and other agreements relating to the SAFETY Act protected technologies, products, facilities or services. 

There is very specific insurance policy and contractual liability language modifications that are, or will be, required to assure protection under the legislation, your insurance program and to have your contracts respond as expected when they were signed. 

We can help you assure that this insurance and contractual liability language will dovetail properly with your SAFETY Act  protection.  It is very possible, and highly likely, that the typical contractual language will inadvertently circumvent many of the benefits provided under the SAFETY Act.  This issue can adversely impact all of the parties to that contract.

See our Why Apply Section

Our Core Services:

• Free Initial Consultation

• Help Reduce Your Costs

• Detailed SAFETY Act Applicability Evaluation

• Evaluate Your Exposures

• Review Your Overall Terrorism Financial Protection Strategies

• Provide Cost Effective Solutions

• Provide Reports as Requested

• SAFETY Act Application Support

• Provide Updates & DHS Feedback

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

• Evaluate Existing Approvals for Issues & Conflicts

• Review Insurance Program for Conflicts, Compliance, Adequacy and Any Potential Savings

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

• Assist in Upgrading Existing SAFETY Act Approvals

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

• Help Create an Overall SAFETY Act Strategy Plan for You, Your Customers, Suppliers or Subcontractors

• Provide Expert Consultation and Access to Key Business Partners as Needed

• Consult on Other Terrorism Related Financial Protection Strategies & Solutions

  

Contact Us

 

By e-Mail:       e-Mail

INFO [at] SAFETYACTCONSULTANTS [dot] com

 

Online:            Web-form

 

Phone:       (202) 640-4000

 

Toll-free:      (877) S ACT HELP 
                           (877)     722  -  8435

Fax:             (202) 407-7054

 

Mailing Address:

SAFETY ACT CONSULTANTS
P.O. Box 4028
Barrington, IL 60011-4028

 

 

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We look forward to assisting you in creating customized solutions critical to your organization and key in helping protect the public.

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 benefit to 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)

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

Advise on other terrorism related financial protection strategies including 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, etc.