; or (ii) any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. (B) Appointment (i) In general As soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. (ii) Chairperson The Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH ). (iii) Conflicts of interest Panel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary of Health and Human Services. (iv) Composition The Secretary of Health and Human Services— (I) shall appoint as members of the Panel— (aa) 1 operator of a mine or individual representing mine operators; and (bb) 1 representative of a labor organization that represents miners