By Robert F. Hedrick

Introduction
In the Pacific Northwest helicopters are now an everyday method of transporting harvested timber. Helicopter logging is often more economical and environmentally friendly than surface timber harvesting. However, helicopter logging is not without significant risk. In fact, helicopter logging one of the most dangerous professions in the world.

The first reported logging by helicopter was in Scotland in 1956. Norway, Canada, and a few other countries experimented with helicopter logging during the late 1950’s and early 1960’s. This initially proved too costly, especially in light of the limited load carrying capacity of the helicopters at the time. As weight carrying capacity increased, along with timber prices, helicopter logging became economical. Military surplus helicopters, which flooded the market after the Viet Nam War, brought costs down as well. The first U.S. Forest Service timber sale approved for helicopter logging was in Northern California in 1971.

Helicopter logging is dangerous. For example, in 1992-1993 there were nine fatalities and ten serious injuries in six accidents in Southeast Alaska, resulting in a ratio of nearly one death per three logging helicopters operating per year (0.29 deaths per helicopter).

Helicopter Logging Law
The Federal Aviation Regulations (FARs) govern most aeronautical aspects of helicopter logging operations. 14 CFR Part 133 is entitled: “Rotorcraft External-Load Operations.” Part 133 regulates such areas as certification requirements, crewmember training, operating limitations, emergency operations, and airworthiness certificates. Violation of this chapter will result in regulatory action against the operator, pilot, or mechanic.

Part 133 operations must also comply with all other FARs for general operations and safety. Flight operations under part 133 require restricted category airworthiness certificates, which prohibit passenger carrying.

In Washington, helicopter logging operators must also comply with WAC Ch. 296-54-581 et seq, which set forth additional worksite safety standards such as mandatory daily safety briefings, landing area logistics, and fueling area safety. Let go of that hook! WAC 296-54-581(10) prohibits ground workers from riding the load or the hook (except in an emergency).

Helicopter Logging Operations
Sawyers cut and trim the trees. Next, a hooker will wrap and secure a choker cable around the logs. Once the helicopter is in place (pilots have radio contact with hookers), the hooker will connect the choker cable to an electric hook at the end of the long line suspended from the belly of the helicopter.

Numerous logs may be choked for one helicopter lift. Long line operations typically occur over forested areas, and may involve helicopter cables extending 200 feet or more. This allows the helicopter to stay above the tree tops while picking up logs below. Once a choker cable is attached to a long line hook and the hooker quickly clears the immediate area, the helicopter lifts the load to a safe altitude for transport.

At the drop site (usually only a few minutes away) the helicopter will lay down the load, and the pilot will electronically disconnect the choker cables from the long line hook. De-limbers will then trim up the branches, and loaders will place the logs on the trucks.

The Risk
As if flying above tree tops with a heavy load of timber hanging hundreds of feet below is not enough, add steep mountainous terrain, wind, fog, snow, and rain to the equation. In addition, many operators use old equipment and their field maintenance. Engine problems can have tragic results because helicopter logging necessarily takes place at low altitude over forested mountainous terrain, where there may be little or no opportunity to find an open level area for an emergency landing.

Helicopter logging also places heavy demands on helicopters and undergo component parts. The primary element is the repetitive lift/transport/drop cycles. Many loads may be at or near the maximum certified weight, and may involve high torque/power needs such as ascending up steep mountain slopes.

Combining the natural environmental challenges with the heavy physical demands on helicopters, and the result is an exponential increase in accident risk.

It is common to have multiple causes of helicopter logging accidents. Such accidents normally involve one or more of the following: product failure; substandard maintenance; pilot error; poor weather; and rough terrain.

Product Liability and Unique Defenses
Product liability actions in Washing-ton are governed by RCW Ch. 7.72 and common law. The regular causes of action are available such as strict liability, negligence, defects in design and manufacture, and failure to warn.

However, in aviation accidents, manufacturers may have at least two additional defenses: the Govern-ment Contractor Defense, and/or the General Aviation Revitalization Act.

If the design of a military surplus helicopter caused an accident, the defendant may be able to raise the government contractor defense. This defense was solidified in the common law by Boyle v. United Technologies, Inc., 487 US 500 (1988). In a nutshell, the defense is an extension of sovereign immunity. It insulates contractors for design defects when they contract with the government to build products based upon government approved specifications. Courts have generally applied the defense even if the product ends up in the civilian market. Therefore, plaintiffs face an uphill battle in design defect claims for military surplus helicopters. Of course the defense has its exceptions.

Here in Washington, RCW 7.72.050(2) provides a statutory-based government contractor defense. In Timberline Air Serv., Inc. v. Bell Helicopter-Textron, Inc., 125 Wash.2d 305, 884 P.2d 920 (1994) the court held that a post-manufacture duty to warn is not covered by the statutory or common law government contractor defense. Describing a product defect in pleadings can be an art. A complaint phrased in post-manufacture failure to warn language may have better chances of surviving summary judgment based upon the government contractor defense than one phrased in design defect.

The General Aviation Revitalization Act (GARA) was enacted in 1994 (49 U.S.C. ¤ 40101). GARA is a federal statute of repose that places an eighteen-year time limit on bringing a products liability action against manufacturers of allegedly defective aircraft and/or component parts that cause an accident. It is a recognition that, after an extended period of time, a product has demonstrated its safety and quality, and a conclusion that its manufacturer should be off the hook for product liability claims. GARA contains specific elements that must be met, and also has four identified exceptions.

Pilot Error
Pilots may inadvertently allow a helicopter’s main rotor or tail rotor to contact trees, or a suspended load may become caught. Pilots can lose control of a load, or lose situational awareness. Because of the high level of skill and concentration required, along with long flight hours, fatigue is not uncommon. Pilots can also face mechanical malfunctions with little time or opportunity to respond.

When there is a power failure, an airplane can glide like a bird toward a desired landing site. Without wings, when a helicopter loses power, it descends at a rapid rate. When that happens, assuming there is enough altitude and time, a pilot sets up for an autorotation landing. In autorotation, the blade continues to turn by air passing up as the helicopter descends. When the helicopter gets close to the ground, the pilot increases the blade pitch on the main rotor blade, which slows the rate of descent. 14 CFR part 133 requires that external loads be jettisonable in case of an emergency, and that helicopters be landed without undue hazard to persons or property on the surface.

While autorotation landings are usually possible, there is a dangerous flight envelope known as the height velocity curve or “deadman’s curve.” This refers to a curve contained on a graph in the helicopter’s pilot’s operating manual. It depicts an airspeed/altitude relationship, below which, if an engine malfunction occurs, a safe landing may not be possible.

The problem with helicopter logging is that it cannot be performed outside the height velocity curve at all times. For example, long line helicopters have 150 to 200 foot cables, requiring them to hover at that height to pick up and drop off of their loads. With little to no airspeed, at this height an autorotation landing may be impossible. Additionally, even if autorotation is possible, there may be no suitable landing site in a dense forest.

Conclusion
Helicopter logging in the Pacific Northwest continues, but so do the accidents. According to the NTSB, since 2000 there have been 13 helicopter logging accidents here, five of which involved fatalities. Helicopter logging will always have risks that most of us would not take, securing its position as one of the most dangerous jobs in the world.