As to the common sense thing, many years ago I sent two employees out to install a sign with the crane truck, along the way they did a side job to put a $100.00 in their pockets. Anyways they hit a hydro-line and almost died, our ministry of labour were called in to investigate, I explained to them that they shouldn't have been there, it didn't matter. Everyone was summoned to court, the employees had quit, but in court they received a suspended sentence. I got a $25,000 fine, I argued that it was common sense that you do not operate a crane around hydro lines. Ministry of Labour said that because I did not have weekly, documented safety meetings with the only two employees I had, stating not to operate cranes around hydro lines, i was responsible.
Now I cover my butt, the new laws now state that an employee properly trained and warned can be dismissed without severence and also be penalized. Thats my experience with common sense.
Dave