There are three different “levels” of SAFETY Act protection that can be granted to the applicant - Designation, D T & E and the highest level, "Certification".

DESIGNATION

The Designation “label” actually applies to the product or service that the DHS has approved as the qualified anti-terrorism technology or “QATT”.

Once “Designated”, the applicant, now deemed the “Seller”, is automatically protected under the applicable SAFETY Act provisions. The Seller has the option of listing their product, technology or service under “Designations for Homeland Security” on the SAFETY Act website. 

Benefits provided under SAFETY Act Designation include:

• A limitation, or “cap” on your liability equal to the amount of liability insurance coverage you are required to carry by the DHS.
• Exclusive jurisdiction in Federal court for all related suits
• Punitive damage claims are barred
• Non-compensatory damages are barred
• Non-economic damages are barred unless the plaintiff was physically harmed. Non-economic damages include things such as pain and suffering, mental anguish, loss of consortium etc.
• Pre-judgment interest is barred - Pre-judgment interest is interest on an award normally imposed by the court from the date of the event until the date the ultimate award is determined
• A prohibition on joint and several liabilities for non-economic damages - Only that percentage of the ultimate claim amount that is directly attributed to the given defendant’s negligence can be recovered
• Credit for Other Plaintiff Recoveries - The Seller’s liability would be reduced for other compensation that may be available to the claimant from collateral sources such as insurance recoveries or other defendants

DEVELOPMENTAL, TESTING & EVALUATION or "DT & E"

CERTIFICATION

Once a product or service is “Designated”, the Seller becomes eligible for “Certification”.  The Certification process is separate and distinct from the “Designation” process and requires a more detailed application form and higher level of review by DHS. Once Certified, the product, technology or service is required to be listed as an “Approved Product for Homeland Security” on the SAFETY Act's website.

A Certified party can invoke the “government contractor defense” for covered claims arising out of the designated QATT.  The successful assertion of this defense potentially eliminates any and all liability on the part of that Seller.  

Unique to SAFETY Act, once a product, technology or service is Certified, the approved applicant or "Seller" can invoke the Government Contractor Defense regardless if the claim results from sales to the Federal Government or sales entirely between non-governmental entities.

While the SAFETY Act does not specifically delineate the scope of the GCD, its legislative and precedent history clearly demonstrate its scope is very broad.

For example, based on case law, it appears clear that under the government contractor defense, a SAFETY Act Certified entity could not be held liable for:

• Design defects, or
• Duty to warn or failure to warn claims, unless the Seller acted fraudulently or with willful misconduct in the SAFETY Act application process or consideration for Certification

IMPORTANT NOTES

• The Act protections apply perpetually to all qualified technologies or services provided during the actual term of Designation
• SAFETY Act can be deemed to apply to overseas acts of terrorism provided that it causes harm, including financial harm, in the United States
• The SAFETY Act’s protections do not apply to any loss that is not the result of a terrorist attack
• The SAFETY Act’s protections do not apply if the technology or service is “Significantly Modified”

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

       INFO@SAFETYACTCONSULTANTS.com

Online by Web-form

Phone:  (847) 381-0410

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

Fax: (847) 381-1015

Mailing Address:

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

 

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.