[seamonster]

Originally Posted by DaFace

And, likewise, you can't see below a jet very well either, so it's pretty likely that neither aircraft saw the other.

I'd be surprised if there was a true error on the ATC side, as it sounds like the flight rules in the area allow for visual separation. The ATC pointed out the heading of the CRJ, and the Black Hawk pilot confirmed that they had a visual on it. That very probably seems like a miscommunication and mistake on the pilot's part. All that said, I think it's a very valid question if the flight rules in the area should be reconsidered.

All that said, others have alluded to the "swiss cheese" metaphor, and it's very likely that it applies here. Some level of fault lies with:
-BH flying "dark" and, therefore, not visible on CRJ's equipment
-Short-staffed ATC having one person working multiple roles, which isn't unusual but might need to be considered due to the complexity of this airspace
-ATC not understanding that the BH couldn't actually have a visual on the CRJ (assuming that's true)
-Rules that allow helicopters to fly directly into the descent path at all
-Rules that allow for visual separation in the area
-Simple BH pilot error

Time will tell what they conclude in the investigation, but it sure seems like this is iffy enough that they should change how things operate in the area.

Laughable to claim the pilot couldn't see the plane after watching that video. Especially considering they were flying well above their 200ft ceiling.