Don’t Obfuscate Policies

I read a call to develop a cell phone policy: if a company provides cell phones, there's personal use to consider, and there's potential liability if the employee has an auto accident attributable to being on the cell phone at the time.

I read recently that companies ought to have a social media policy. Management concerns range from worker efficiency to "tweeting" something that will embarrass the company, or expose its new strategy.

To avoid company policies becoming a patchwork of individual provisions to meet the latest specific concerns, take the time to see if existing policies may cover the issues.

For example, here are a few statements you could already have in your code of ethics:

• To do one's job to the best one's ability, efficiently and effectively, such that one contributes to the moral and financial success of this company.
  
• To promote and protect the best interests and reputations of this company and the industry and avoid and resist influences and practices detrimental to it.
  
• To display the highest standards of personal conduct at all times.
  
• To uphold and comply with the laws, rules, regulations pertaining to our operations.
  

(Those are excerpts from my Board Governance Policies model manual for boards of credit unions, adaptable to nonprofits.) You can see that many of the concerns over the use of company cell phones are covered in the code. Your Personnel or H.R. Policies are also likely to address acceptable and unacceptable behaviors.

A company providing cell phones may also provide long distance lines accessible from every desk, company cars, cameras and other company equipment that can be used personally. A company will already have addressed personal use of company property including tax implications.

If you find that in this case, cell phones are adequately covered, rather than write a new policy, leadership can choose another means to ensure that employees know how their use and not use their company-provided cell phones. When legal risks are significant, have the employees sign the interpretation sheet evidencing their understanding.

A signed interpretation could be a single sheet. On the other hand, a full-blown policy addressing cell phones might be several pages and contain many of the same provisions as for the other things previously mentioned; the only difference being the name of the object.

That duplication presents a couple of problems. A greater number of pages increase the chance for non-compliance when employees fail to read or remember policies. Repeated policies need to be worded the same to remove the potential for different interpretations.

When policies are the same for cell phones and other stuff, it's better to have overriding policies addressing the concerns, and include a list of example objects that are covered by it.

Whether you add a whole new policy or take my approach, have your attorney review policies periodically to be sure of your legal footing.