Generally speaking, a general contractor (“GC”) has had a non-delegable duty to maintain a safe workplace. See Kane v. Hartz Mountain Industries, 278 N.J. Super. 129, 142 (App. Div. 1994). This general rule is also reflected by certain OSHA regulations, with which all employers must comply.
Generally, an employee who is “going to” or “coming from" his or her place of employment is not considered to be acting within the scope of employment. Most jurisdictions apply this general rule that an employee who is driving his or her personal vehicle to and from their workplace is not within the scope of employment for the purpose of imposing vicarious liability on the employer.