Phil Handcock

LAW, CRIME AND LAW ENFORCEMENT POLICE GLOBAL PERCEPTIONS, PERFORMANCE AND ETHICAL CHALLENGES CINDY M. WONG EDITOR New York Complimentary Contributor Copy In: Police Editor: Cindy M. Wong ISBN:- © 2017 Nova Science Publishers, Inc. Chapter 2 FIT TO SERVE: CONTEMPORARY EXPECTATIONS OF PHYSICAL FITNESS IN LAW ENFORCEMENT Phil J. Handcock, PhD* School of Physical Education Sport and Exercise Sciences, University of Otago, Dunedin, New Zealand ABSTRACT Events in New Zealand (NZ) in 1981 forced the NZ Police into a situation of ‘all hands on deck,’ with many sworn police officers subsequently found to be physically unfit for the demands of frontline policing. In response, entry level (Physical Appraisal Test; PAT) fitness testing was revamped and biennial testing (Physical Competency Test; PCT) of all sworn staff was introduced. In the ensuing 35 years, the demographic of NZ police recruits has dramatically altered to mirror contemporary NZ society. These changes along with revised Human Rights legislation, and other legislative changes have resulted in a more diverse NZ Police workforce. This chapter presents a brief history of the development, validation and ongoing evolution of these physical fitness assessments in the face of elective and imposed changes. Drawing on research studies conducted with the NZ Police entry test (PAT) and the Physical Competency Test (PCT), the physiological demands of the timed obstacle course and the physical demands, validity and reliability * Corresponding Author:- Complimentary Contributor Copy 32 Phil J. Handcock of testing, its implementation and acceptance, is detailed, with a particular emphasis on issues of equity and safety. This chapter also examines the influences of changing law enforcement technology and equipment, including the NZ Police mandated body armour, on the physiological and physical demands of modern policing. Keywords: fitness testing, law enforcement, obstacle course, physiology, muscular performance, equity 1. INTRODUCTION For the small island nation of New Zealand (NZ), it was rugby and South Africa that really mattered (Richards, 1999). A fierce rugby rivalry with the South African national team, the Springboks, was considered the only true benchmark of the state of the sport in NZ, and for many was a proxy measure of their life satisfaction. The apartheid regime of South Africa had however been subject to escalating international condemnation, and with numerous international and national protests and boycotts, contact and competition with the Springboks had been significantly limited through into the 1970s. Stubbornly, the New Zealand Rugby Union invited the Springbok team to tour and compete in New Zealand in 1981. With the New Zealand government refusing to intervene and deny the Springboks visas, the tour proceeded against the wishes of many. Nationally opposition to the tour ‘snowballed’ with protests eventually escalating into physical skirmishes, field invasions and the forced cancellation of some games (Richards, 1999). The threat and physical confrontations of the protests prompted an ‘all hands on deck’ response from the New Zealand Police. The physicality of these encounters reportedly exposed a large number of sworn officers as unfit for the more extreme physical demands of policing (Wallwork, personal communication, September 2010). Caught out rather spectacularly in the public eye, the 1981 experience would strongly influence future New Zealand Police policies and processes around the physical fitness of their employees. 2. THE NEED FOR A FIT POLICE FORCE Police routinely deal with perpetrators who are young, fit and contrary, so it is easy to rationalise that being in better-than-average physical condition is Complimentary Contributor Copy Fit to Serve 71 demonstrated that added load significantly decreased vertical jump height and increased the ground reaction forces on landing, particularly when preceded by intense exercise. While having participants complete the PAT or PCT when ‘loaded’ may add to the test validity, any gains would likely be negated by the increased risk of injury or cardiovascular event. The PCT is a physically challenging test ‘unloaded’; adding weight would increase the cardiovascular stress and elevate ground reaction forces. Being aware that personal equipment exacerbates the physical demands of law enforcement, however helps inform decisions about the importance of regular fitness testing and personal fitness maintenance. 7.6. Test Administration In terms of fairness, the standardisation and reliability of testing are significant factors. Boyd, Rogers, Docherty, & Petersen (2015) point out that it is important to consider biological variability when administering tests. Nonfitness factors (e.g., time of day, sleep, fatigue, nutrition, hydration) can have an impact on an individual’s day-to-day test performance. Tests to infer fitness/suitability for duty based on completion time should find ways to recognise the potential for biological variability and false-negative decisions (Boyd et al., 2015). Those authors emphasise the importance of individuals being familiar with and understanding a test, and having the opportunity to practice tests; factors that likely affect test performance. Given the potential impact of biological variability, there may be some merit in identifying a zone near the ‘cut-score’ where test results could be considered inconclusive (Boyd et al., 2015). It would not seem sensible to exclude someone who is close to a ‘cut-score’ and yet could pass a subsequent test and prove to be an excellent police officer.` CONCLUSION Developing and administering fitness for work protocols for law enforcement is a complex undertaking. Not only is defining fitness for work challenging, but methods have to also meet legal requirements and satisfy the purposes of the organisation. This complexity is summarised in Figure 1 which highlights some of the questions and dilemmas faced. Complimentary Contributor Copy 72 Phil J. Handcock Figure 1. Considerations and issues for police fitness testing. Contemporary police forces generally seek to mirror the society they serve by having an inclusive police force that aptly represents genders, ethnicities and abilities. Inzunza (2016) suggests that social changes have impacted on police work, meaning that while a minimum level of physical fitness may still be necessary, the overall physicality of the work has been reduced. Arguing that personal suitability may now be more important than physical performance opens the way for conversations about the appropriateness and nuances of employment-related fitness testing. To meet equity responsibilities, fitness standards must reflect the essential critical physical tasks required to perform the specified job. In turn, a standard for passing these physical tests must reflect the minimum physical performance standards required to complete essential and critical job-related Complimentary Contributor Copy Fit to Serve 73 tasks (Blacker, Wilkinson, Rayson & Richmond, 2013). To show that a standard is reasonably necessary, it must be demonstrated that it is impossible to accommodate employees who fail the test without imposing undue hardship upon the employer (Adams, 2016). Jamrik, Thomas, Shaw & Gledhill (2010) state that a pre-employment fitness screening test can only be mandated for physically demanding public safety occupations in which “ineffective or inefficient job performance” is a threat to the safety of self, co-workers, the public or property. For the NZ Police this can be a challenge. As Andrews & Risher (2006) explain, courts are more likely to uphold tests that are considered representative of the ‘critical duties’ typically performed in the course of employment, as opposed to ‘fitness elements.’ Gender norming fitness tests are often a controversial. Andrews & Risher (2006) suggest that discrimination challenges may be more likely with the “same job=same standard” approach. They emphasise that norming procedures are generally seeking to be inclusive (increasing the number of qualified applicants) rather than exclusive (excluding members of certain groups). Applicants that fail to be employed because they don't pass a physical standard for employment test, may have a human rights claim if it can be shown that the test discriminated against them on the basis factors such as sex/gender, physical disability, or age, and fails to qualify as a bona fide occupational requirement (Adams, 2016). The ‘greyness’ around this principle was emphasised by Adams (2016) commenting on a UK legal challenge on physical standards for police officers, that found that a running test with different cutoff times for men and women, discriminated against a male applicant since his time would have been sufficient if he was a female applicant. New Zealand policing in 2016 is clearly not the same as policing was in 1981, and the brief history of the organisation’s experiences with fitness over those 35 years provides a snapshot of some of the changes that have occurred. Globalisation, immigration, population growth and urbanisation continue to transform the environment in which New Zealanders live their daily lives. Accordingly, the size, and ethnic and gender composition of the New Zealand Police have been managed in an attempt to mirror New Zealand society. Police recruitment, training and tactics have been modified with time, and law enforcement is now practiced in an environment that is heavily influenced by political correctness and subject to continual public scrutiny. The New Zealand Police also need to work closely with the New Zealand Police Association (NZPA), the strong union that represents NZ Police staff. Although union membership in NZ is voluntary, the NZPA represents almost Complimentary Contributor Copy 74 Phil J. Handcock all of the around 8,900 sworn NZ Police, with members across all ranks. The Association not only provides a strong political lobby on law and order legislation and policy decisions, but also actively advocates for and protects the terms and conditions of employment of its members. The removal of the requirement to retire from the Police at age 55, and recent low attrition rates has resulted in an ageing police force. Given that the original times posted for the PCT only had time allowances up until age 55, several factors have provided new challenges for those administering the PCT. The introduction of the Health and Safety in Employment Act (1992) had implications for the Police, with a legal obligation on their part to ensure the safety of employees, and to provide for appropriate training. As Police work is at times physical in nature and potentially dangerous, the PCT is one mechanism of assurance in this respect. In terms of benchmarking, the NZ Police probably benefit from understanding that there is no clear consensus on entry fitness criteria with each jurisdiction presumably working within the constraints imposed by their population demographics, legal and health and safety expectations. It is assumed that the New Zealand Police are attempting to do the right things organisationally to meet their obligations, but also operate in an environment where they must always be cognisant of Human Rights and Equity transgressions. REFERENCES ACSMs Guidelines for Exercise Testing and Prescription (6th Edition) Lippincott Williams & Wilkins, Philadelphia. Adams, E. M. (2016) Human rights at work: Physical standards for employment and human rights law. Appl. Physiol. Nutr. Metab. 41, S63– S73. Adams, J., Schneider, J., Hubbard, M., McCullough-Shock, T., Cheng, D., Simms, K., et al., (2010). Measurement of functional capacity requirements of police officers to aid in development of an occupationspecific cardiac rehabilitation training program. Proc (Bayl Univ Med Cent), 23(1), 7-10. Anderson, D. F., Cychosz, C. M., & Franke, W. D. (1998) Association of exercise identity with measures of exercise commitment and Physiological Indicators of Fitness in a Law Enforcement Cohort. Journal of Sport Behavior 21(3), 233 - 241. Complimentary Contributor Copy