(1) At a workplace to which the provisions of section 192 do not apply and where the number of employees exceeds 10, the employer or person having control shall cause the employees to select at least one safety and health representative who is competent to perform such functions from among the employees at the workplace.
(2) If a safety and health representative is not required under subsection (1) and a committee is not required under section 192, the Labour Commissioner may, by order, require an employer to cause the employees to select one or more safety and health representative from among the employees at the workplace and may provide in the order for the qualifications of such representatives.
(3) Every order made under subsection (2) may contain directions as the Labour Commissioner considers advisable concerning the carrying out of the functions of a safety and health representative.
(4) In exercising the power conferred under subsection (2), the Labour Commissioner shall consider the matters set out in subsection (5).
(5) The selection of a safety and health representative shall be made by those employees who will be represented by the safety and health representative in the workplace, or the part or parts, as the case may be.
(6) Where there is a trade union or trade unions representing the employees referred to in subsection (5), the selection of a safety and health representative may be delegated by a majority of such employees to the trade union or trade unions.