If more than five percent of the employees of an employer are non-English-speaking employees who speak the same non-English language, the employer shall:

(1) Make an interpreter available at the worksite for each shift during which a non-English-speaking employee is employed. If a Spanish-speaking interpreter is needed, the employer shall select an interpreter from a list of interpreters developed by the commissioner. If an interpreter is needed for a language other than Spanish, the employer shall select an interpreter capable of explaining and responding to questions regarding the terms, conditions, and daily responsibilities of employment; and

(2) Employ an individual who shall serve as a referral agent to community services for the non-English-speaking employees. The name of the individual serving as the referral agent shall be provided at each worksite. Such information shall be provided in the language of the non-English-speaking employees. The primary responsibility of the referral agent shall be to develop and maintain a list of contact persons and agencies, telephone numbers, and addresses of the community services provided within the community where the relevant worksite is located. The referral agent shall assist non-English-speaking employees in working with and through those services.