Oil workers' lawyer stymied at chopper inquiry

A lawyer representing offshore oil industry workers was told his questions were out of bounds at the inquiry into offshore helicopter safety in St. John's on Thursday.

The inquiry was established after a Cougar Helicopters Inc. chopper carrying offshore workers crashed into the ocean 55 kilometres east of St. John's onMarch 12, killing 17 people on board.

Communications, Energy and Paperworkers Unionlawyer Randy Earle asked a Cougar official what the company believed the capabilities wereof its Sikorsky S-92A helicopters.

"Were people at Cougar operating under a misconception that the Sikorsky S-92A helicopter could continue to fly for 30 minutes after its engine lost oil pressure?"

Earlequoted aviation industry publications that had suggested before the crash that the Sikorsky S-92A main gearbox could run without oil for 30 minutes, a capability the helicopter industry callsa run-dry time.

On March 12, Cougar Flight 491 crashed minutes after its crew reported the gearbox was losing oil pressure.

The inquiry commissioner, retired Supreme Court judge Robert Wells, intervened before a Cougar official could respond. He askedif the question was appropriate before the Canadian Transportation Safety Board had completed its investigation of the crash.

Wells and Earle discussed the issue and then Wells took a break to consult with lawyers representing Cougar,oil companies, the government and the families of people who died in the crash.

Line of questioning delayed by commissioner

After the break, a lawyer for the families argued Earle's question should be permitted.

"I don't think Mr. Earle's questions are crossing the line," said lawyer Jamie Martin. "I think they are fair questions and they should be allowed."

Earle also argued his question should be answered.

"This is a question that people want answered. Did something fall through the cracks here?"

In the end, Wells disallowed Earle's line of questioning, saying he was not stopping Earle from pursuing it,just delaying him.

"The inquiry has specific terms of reference, that make a point of not having the inquiry conflict with the TSB investigation," said Wells. "When phase two comes [after the TSB report is done]the people who want to make recommendations then I will ask your opinions. So, I'm not going to permit the question, but there will be an opportunity after the TSB reports."

He told Cougar officials that they may be asked to come backto the inquiryto answer questions after the TSB has filed its report on the crash.

The TSB officials said recently they are still months away from filinga report. A preliminary TSB report, which may be revised, has not been completed yet.

Cougar cites safety improvements

Earlier Thursday morning,a CougarHelicopterofficial saidit hasmade many safety improvements since the crash that killed 17 people.

"We have enhanced our first-responsecapability," said Cougar general manager Rick Burt. "We've added staff dedicated pilots and rescue specialists."

Before March 12, pilots flying search and rescue were part of the general pool of pilots flying for Cougar and there were two company rescue specialists on standby. Cougar now hasone pilot assigned solely to search and rescue capability and it has hired another rescue specialist, Burt said at an inquiry into the crash.

Burt said staff training has increased and helicopter crews' survival suits have been improved to include an underwater breathing device.

Cougaris contracted by oil companies to ferry offshore workers to and fromproduction platforms east of the province. It also iscontracted by oil producers to perform St. John's-based search and rescue work.

No special rescue chopper

Cougar reconfigures its Sikorsky S-92A helicopters to do searches when there is an emergency call. It doesn't have a helicopter dedicated solely to search and rescue, and cannot perform such operations after dark.

Cougar's Newfoundland base manager, Hank Williams, told the inquiry Tuesday that a Sikorsky S61 helicopter arrived at the company's St. John's facility in January, and itcould be used for search and rescue.

"It was brought here on spec, if an oil company would like to use it," said Williams. "It is fully fitted for search and rescue service but it is not on a long-term contract as we speak."

The helicopter had been stationed in Victoria, where Cougar's parent company, VIH Aviation, is located.