INTERVIEW
RICHARD BRUNSTROM
18



“ Employers will have
   to change their attitude”
 


North Wales chief constable and RoadSafe board member Richard Brunstrom is one of Britain’s most high-profile policemen. Ashley Martin went to meet him and discovered that the police focus on at-work driving is set to increase dramatically

Richard Brunstrom
“Police officers attending road crashes will record, for the first time, if the journey was for work purposes”

The road is a workplace and employers have a statutory duty to ensure that the Health and Safety at Work Act 1974 is complied with, says Richard Brunstrom, chief constable of North Wales Police, head of roads policing on behalf of the Association of Chief Police Officers and a RoadSafe board member.

However, industry figures suggest, alarmingly, that around 75% of Britain’s businesses do not have an occupational road risk policy in place. Mr Brunstrom – chief constable of North Wales Police for four years, having started his 25-year police career in Sussex and served in Greater Manchester and Cleveland – believes the complacency of companies to give similar health and safety protection to their at-work drivers as they do to staff when, for example, in the office, working at a machine or on a construction site is due to:

  • A lack of awareness of legislation already on the statute book – despite the reams of publicity that the management of occupational road risk has been given since the government-appointed Work-related Road Safety Task Group (WRRSTG) reported its findings four years ago
  • A lack of audit
  • A lack of enforcement

Until all three things change it is, says Mr Brunstrom, only a vain hope to expect companies to voluntarily automatically introduce measures to protect both themselves and their at-work drivers when undertaking business-related journeys. But change is in the pipeline and if companies do not take measures unilaterally to manage occupational road risk, then the enforcing authorities, supported by an ever-increasing amount of legislation, will target rogue companies.

In the meantime, the recent decision to change the Stats19 reporting form used by police officers nationwide to record work-related crashes (with the majority of incidents due to human error, Mr Brunstrom does not use the word accident in relation to death and injury on the highways), coupled with on-going Association of Chief Police Officers (ACPO) discussions with the Health and Safety Executive (HSE) on a protocol to investigate at-work driving incidents, it means that businesses that fail to act will find themselves in trouble.

“42 pursuit deaths is far too many. It is many more people than we shoot, but we have not taken the same approach to road deaths”

The long-expected rewording of the established Stats19 reporting form is seen by Mr Brunstrom as a major breakthrough, with the authorities finally discovering exactly how many work-related road crashes there are annually. Police officers attending road crashes will record, for the first time, if the journey was for work purposes. Currently, estimates have been the only guide and the WRRSTG calculated that of the 3,000 deaths and 300,000 injuries suffered on the roads, up to one third could be the result of crashes involving at-work drivers.

It is widely accepted that the most dangerous thing most people do while at work is to drive, but precise casualty figures have been unavailable. Detailed statistics from the Stats19 forms are expected to be published for the first time next year. Meanwhile, while work-related road safety “is not a frontline priority for the HSE”, the organisation is working with the police who, it says, are in a better position to enforce road traffic legislation.

The change in Stats19 crash recording details, coupled with police chiefs and the HSE working together to draw up protocols, means, according to Mr Brunstrom, that: “As we get more aware of the Health and Safety at Work Act, it is almost inevitable that the police will be doing more work in this area.”

Officers attending crashes will now record whether the journey was for work purposes
“Our investigations of a road death should be the same standard as that of a murder”

How the police and the HSE will tackle rogue companies is still being discussed as part of the agreed protocol. But the twin track approach – Stats19 and the protocol – will ideally enable the police to take a “targeted” approach to improving road safety and “weeding out the cowboys”, as opposed to the preferred HSE strategy of a highly-visible, but random approach – although this is still being discussed. Using intelligence and data collected from the Stats19 forms will enable police officers to build up a detailed picture of how companies manage occupational road safety.

While speed is known to be the single biggest killer on the nation’s roads, the role that driver fatigue plays, for example, is unknown. Stats19 data will enable a clearer picture to be drawn up. Without doubt, says Mr Brunstrom, crashes that are the result of driver fatigue and falling asleep at the wheel will result in police officers studying work schedules and journey patterns as well as investigating whether employees are fit and equipped to drive and are properly trained to sit behind the wheel. Focus could even be applied to employees’ lifestyle and whether a crash towards the end of a long early morning drive was caused by a late night.

Mr Brunstrom says: “Society has not woken up to the fact that the road is a workplace. Employers are going to have to change their attitude and take this issue more seriously and that is good news. “When we have gathered evidence from Stats19 there will be some joint approach work by the HSE, backed by the police, to re-educate companies. But we will then go looking for the ‘cowboy’ companies.” But, in a plea to companies, Mr Brunstrom says: “Businesses should start thinking about the Health and Safety at Work Act now and how it applies to their business as far as their at-work drivers are concerned so they are ahead of the enforcement agencies. Voluntary compliance is better than legislative enforcement.

“Companies should treat the road as a place of work because it is right to do so morally and from a business viewpoint and not because the government is introducing more legislation. “We want to identify the ‘cowboy’ operators by asking if the company has a health and safety policy through an audit of their procedures. If they have, we will go looking for someone else, but it will mean the police and the HSE going knocking on doors. “If we crack down on the worst operators and make examples of a few major players, then overall occupational road risk management and the standards of at-work driving will rise. But there is no magic cure.”

Black box benefits
In-vehicle journey data recorders – black boxes – should be fitted as standard on the production line by motor manufacturers, according to high-profile North Wales chief constable Richard Brunstrom. Both his own force and the Metropolitan Police fit such devices as standard to police vehicles and he says driver behaviour dramatically changes when they know the technology is in place and their driving is being monitored. However, despite the moral and ethical arguments in favour of the systems, he understands the view promoted by many fleet operators that the cost of retrospectively fitting such devices outweighs the benefit.

That is why, says Mr Brunstrom, he is lobbying vehicle manufacturers to fit the technology on the production line. He adds: “The view of the majority of fleet managers is short-sighted and parochial because the devices don’t cost much, but there is not much of an enforcement regime. However, the number of vehicles fitted with black boxes is growing and we can prove that journey data recorders can have significant benefits to an already well-managed fleet and make good business sense. “Black boxes will demonstrate whether drivers were driving appropriately and they offer enormous benefits in terms of protecting you and your drivers’ reputation. In the event of a crash, it can show whether or not it was your employee’s fault.”

His comments come as the number of crashes involving police cars is under the spotlight, following 42 pursuit deaths last year. “That is far too many. It is many more people than we shoot, but we have not taken the same approach to road deaths. We are more tolerant of deaths on the roads. But that view must change and, therefore, we must change the way we train our police drivers,” says Mr Brunstrom, who, as part of his ACPO responsibilities is in charge of police driver-training. Despite a highly-sophisticated police driver-training programme and police pursuit process, the number of road crashes resulting in deaths and serious injuries has not reduced.

“We need to know why these incidents are happening. I suspect sometimes it is the fault of the police. The issue is on my agenda. I am looking at our driver-training process and I will be taking the matter up with Home Office ministers,” he says. “We will have to become better at demonstrating what happened in a police-involved collision and if it was a blameworthy collision. Killing 42 people a year is not acceptable.”

In addition to the fatalities, government figures reveal that there were more than 20,000 incidents involving police cars, vans or motorcyclists in England and Wales in 2003/04, including vandalism and minor scrapes. When the numbers were revealed earlier this year, Liberal Democrat MP and the party’s home affairs spokesman Mark Oaten said: “For their safety and our safety, police drivers should be on regular refresher courses to keep them alert and aware of the dangers.” More than half the police vehicles in Derbyshire are fitted with data recorders and chief inspector Paul Berry, of the force’s road policing unit, said earlier this year that the technology helped accident investigators gain as much technical information as possible to help determine the cause of crashes.

Separately, the police Road Death Investigation Manual, first published in 2001, is being updated by the National Centre for Policing Excellence. It sets the standard in England and Wales for the investigation of fatal road crashes. Tougher sentences for drivers convicted of causing a road crash are already being studied by the government (see legislation) and Mr Brunstrom, who was instrumental in producing the Manual, says: “Our investigations of a road death should be the same standard as that of a murder, but road deaths are not treated as seriously by the police. That must change and the Manual will increasingly guarantee a top-flight investigation to any road death of serious injury.”

“It is not simply about enforcing road regulation, it is about denying criminals use of the roads”

Disappointingly, says Mr Brunstrom, the long-awaited Road Safety Bill fell following the decision to hold a general election in May. However, given the cross-party support for the measures it contained and the return of a Labour government, he is pleased it has since been re-introduced to Parliament. “There is a definite need for some road safety legislation to back up the government’s strategy and it was a big disappointment that the Bill was a casualty of the election. However, since it has been revived, I will be lobbying hard for tougher penalties for drivers to be approved,” he says. Mr Brunstrom is also disappointed with the draft Corporate Manslaughter Bill – many years in the pipeline but “weak” in its content when published earlier this year, he says.

The top policeman will be lobbying both for the government to introduce the legislation and toughen it up. The published Bill targets companies as opposed to individual directors and senior managers. But, says Mr Brunstrom: “The draft Bill only says that convicted companies will be fined, but it should also say that jail sentences will be given to bosses found guilty of corporate manslaughter because sometimes it is clear that an individual is responsible.

“I am not comfortable with removing that element from the law. If someone is responsible for a crash, they should go to prison. If no-one can be identified as personally liable for the crash, then the proposed new law is fine. The new law should target both companies and individuals.”

Intelligence-led policing leads the way
A new strategy of “intelligence-led” policing for the roads putting road safety firmly on the social agenda was announced by the government earlier this year.

Surprisingly, roads policing has not previously been recognised as a core aspect of police work by the Home Office, the organisation to which the police answer. Instead, work has been shared between the Home Office and the Department for Transport. However, Mr Brunstrom, head of road policing for the ACPO, says he has made it his mission to raise the profile of roads policing. As a result, the new strategy does not simply highlight traffic police work, but brings together five key policing priorities in which all police officers will play a part.

The five limbs of the strategy announced by then Transport Secretary Alistair Darling, then Home Office Minister Caroline Flint and Mr Brunstrom are:

  • Denying criminals use of the roads by enforcing the law
  • Reducing road casualties
  • Tackling the threat of terrorism
  • Reducing anti-social use of the roads
  • Enhancing public confidence and reassurance by patrolling the roads

In announcing the new commitment, the government says: “It clearly sets the police commitment to deal with all forms of illegal and anti-social use of the roads, including drink-driving, speeding, dangerous or careless driving and behaviour which is threatening to road users – including pedestrians as well as drivers.” Mr Brunstrom says: “Intelligence-led is part of the wallpaper of all British policing. We have taken the national intelligence model and applied it to road policing. It is not simply about enforcing road regulation, it is about denying criminals use of the roads.” With ministerial support for the strategy it will, says Mr Brunstrom, result in a highly-visible police presence on the roads, which is demanded by the public.

“Over the next 10 years, there will be a shift in roads’ policing that will see it become centre stage. Traffic policing has suffered from government neglect and we have also not seen it as sufficiently important. We are broadening the concept beyond that of the old view of traffic police.” In practice, there will be increasingly closer integration between, for example, police anti-terrorist activities and what is happening on the street. In the future, increasingly well-trained traffic policemen will be focusing on anti-terrorist activities on the road – vehicle movement – and not simply vehicle enforcement regulations. More visible policing, along with continued operation of the National Safety Camera Programme for cutting casualties and deaths at collision blackspots; a national police anti-drink and drug driving campaign; and a national police seatbelt campaign to increase the level of seatbelt wearing, especially in rear seats and by children, are all highlighted as key aspects of the new road policing commitment.

Summing up the new view, Caroline Flint says: “Roads policing is an important and valuable part of day-to-day policing. It not only helps reduce deaths and injuries on the roads, but reduces anti-social and criminal misuse of vehicles and provides a reassuring presence to the public.” A key element in the strategy is the increased use of new technology such as Automatic Number Plate Recognition (ANPR) technology. Police officers using ANPR make nine times the number of arrests and contribute to three times the number of offenders brought to justice compared with a conventional officer. Computers linked to a network of more than 2,000 cameras will automatically read vehicle number plates, check them against national files and alert police if the driver is wanted or is a suspect. In addition, they will aid the crackdown on untaxed and uninsured drivers, who are frequently involved in other crimes and often have unsafe cars that are involved in fatal crashes.

Over the next three years, the computer links will be added to the cameras on gantries watching motorway traffic and main routes. Police are also going to add the links to closed-circuit systems operated by local authorities to monitor urban main roads. The technology can check up to 3,000 number plates per hour.

 



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