Part Two of a Two-Part Series on Responsible AI Use in the Workplace

Last week we outlined why we think businesses should establish ground rules for employee use of artificial intelligence.

Always be sure to check with your insurance agent to be certain that your General Liability or Cyber insurance provides coverages for the risks associated with the use of AI.

Before drafting an AI policy, employers should at least answer these seven key questions.

1. What AI Tools Are Covered?

Will the policy apply only to ChatGPT-style tools, or will it also include:

• AI writing tools
• AI image generators
• AI research platforms
• AI coding assistants
• Future AI technologies

2. What Uses Are Permitted?

Consider whether employees may use AI for:

• Drafting documents
• Brainstorming ideas
• Marketing projects
• Administrative tasks
• Internal communications

3. What Information Is Off Limits?

Many businesses prohibit employees from entering:

• Confidential information
• Customer data
• Personnel records
• Trade secrets
• Proprietary business information

Protecting sensitive data should be a central part of any AI policy.

4. Who Reviews AI-Generated Work?

AI should assist decision-making—not replace it.

Employees should remain responsible for:

• Accuracy
• Compliance
• Professional judgment
• Final approval
• Accountability and human oversight as important aspects of AI governance.

5. How Will Copyright and Ownership Issues Be Handled?

Businesses should consider:

• Ownership of AI-assisted work product
• Copyright concerns
• Third-party content issues
• Vendor licensing terms

6. Who Is Accountable When AI Gets It Wrong?

If the use of AI occurs during the performance of job duties, in most cases the employer will be responsible for the actions of the employee.

Training and oversight are critical.

7. How Will Employees Be Trained?

An AI policy is only effective if employees understand it.

Training should address:

• Appropriate uses
• Security risks
• Confidentiality obligations
• Verification requirements
• Reporting concerns

Final Thought

No two organizations face the same AI risks.

A law firm, healthcare provider, manufacturer, nonprofit, retailer, and contractor will all need different safeguards.

The best AI policy is not a generic template from the internet. It is a policy tailored to the organization's operations, workforce, and risk profile.

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