Using SAFETY Act Approved Products

Any company, organization or other entity should always consider a SAFETY Act approved product and/or service first.  The benefits from both marketing and a liability perspective are overwhelming.  This is not to say that you should ever select an approved Qualified Anti-terrorism Technology or “QATT” if it does not fit the role, mission or solution you are seeking.  Nor should you compromise on lesser protection or deployment for purely to obtain a Designated product.  If there is a better fit, practically, economically or technologically, use it and insist that that its provider gets their own SAFETY Act approval.   It does not cost much and, in addition to you, they will also benefit greatly.  Their ability to better market their products will quickly make up for the time and incidental expense required to obtain SAFETY Act protection.

Unprecedented Liability Benefits To All Involved

By utilizing SAFETY Act-approved products, facilities, or services, the approved Designee’s customers, users, suppliers and subcontractors automatically gain significant liability protection over selecting other products or services that do not have SAFETY Act protection.  

The DHS interpretation of the SAFETY Act, as provided in the Final Rule or Regulation, states that the “only proper defendant in any civil lawsuit” is the SAFETY Act approved “Designee” for the QATT(s) at issue.  This is to prevent the typical “sue them all” tactic, more commonly referred to as finding the "deep pockets" by filing “shotgun suits”. In other words, sue anyone who might have some remote connection to an event because they have money. These suits plague our judicial system today.

The Regulations states that any entity, other than the actual SAFETY Act Designee, that uses, sells, provides, or is otherwise involved with the product or service (i.e. customers, suppliers, vendors, subcontractors, etc.) is immune from civil claims related to terrorism events when the QATT was deployed and in use. If these other defendants are named in the suit as allegedly being liable with the QATT in any way, they all have the right to seek immediate dismissal of the suit for “lack of jurisdiction”.  In other words, under SAFETY Act, “you are suing the wrong party”.

Save Money

If the SAFETY Act qualified product or service you select addresses a significant portion of your liability exposure, you should be able to save money on your insurance.

Strict DHS Review Process & Efficacy Evaluation

The detailed DHS SAFETY Act review process tells others that the products, facilities and/or services you have selected successfully passed the very stringent DHS scrutiny and evaluation process required for Designation or Certification.  

Get Your Own Approval Anyway

It is always a good idea to apply for your own approval for the things that you do.  The DHS can approve you to the extent of your involvement with the anti-terrorism products or services that you use or provide including the selection, integration and/or deployment process. A third party can always allege that you chose the wrong solution, or failed to integrate properly, if an event occurs. This type of suit may not trigger the SAFETY Act protection from the approved products or services you may be using now.

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 

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

 

 

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.