What We Do
We help educate individuals, corporations, schools and other organizations in evaluating and understanding their terrorism related liability exposures, financial risks and solutions provided under the DHS SAFETY Act. These potentially catastrophic exposures can stem from physical, financial, or cyber acts of terrorism or some combination thereof.
We work closely with entities of all types and sizes including private, non-profit, public, quasi-public / quasi-governmental, or pure governmental, from virtually all industry sectors and/or Federal, State or local / municipal governments.
The anti-terrorism / security related industry sectors represent only a small segment of our client base. Again, you do not have to sell anything, or be in the security, protection, or homeland security industries, to be financially exposed, found legally liable, and potentially put your entire company or organization at risk.
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 minimumize 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 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.
The marketing advantages created under SAFETY Act,
although not the law's primary intent, are overwhelming.
SAFETY Act's protections apply to the successful applicant. However, even broader protection "flows" to the applicant's suppliers, users and customers. Each of them 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.
From a pure risk management / D & O 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!
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 !™
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