A person whose employee(s) perform the following functions:
- transport hazardous materials (hazmat) in commerce;
- cause hazmat to be transported or shipped in commerce; or
- represent, mark, certify, sell, offer, recondition,
- test, repair, or modify packagings as qualified for use in the transportation of hazmat.
The term "hazmat employer" also includes any department, agency, or instrumentality of the United States, a State, a political subdivision of a State, or an Indian tribe engaged in offering or transporting hazmat in commerce.