Every public or private employer of more than 25 employees shall establish and administer a joint labor-management safety committee. Every public or private employer of 25 or fewer employees shall establish and administer a safety committee if:

1. (1) the employer has a lost workday cases incidence rate in the top ten percent of all rates for employers in the same industry; or
2. (2) the workers' compensation premium classification assigned to the greatest portion of the payroll for the employer has a pure premium rate as reported by the Workers' Compensation Rating Association in the top 25 percent of premium rates for all classes. A safety committee must hold regularly scheduled meetings unless otherwise provided in a collective bargaining agreement. Employee safety committee members must be selected by employees. An employer that fails to establish or administer a safety committee as required by this section may be cited by the commissioner. A citation is punishable as a serious violation under section 182.666. The commissioner may adopt rules necessary to implement this section.