He is sat on the left side of the engine (right of the head-on photograph) if that helps.
In the Driving Position then.
A number of questions can be asked but this photo can't help answer them.
1) What if it was running as a light engine and the person in question was actually in the rear, i.e. not in control of the Loco?
2) The person was at the front in control but had stopped at a Signal or was been held in a loop. I've seen many Freight and Passenger drivers been sat reading a book with the feet on the dash, which the media seem to think is a crime...
3) What if it was Top and Tailed locos, which is common on engineers trains and the person was in the rear loco?
I'm purely going of the photograph and not by reading the Media's story here.