Alcohol in the Public Sector

Term Paper , 2015 , 16 Pages , Grade: 1,3

Law - Public Law / Miscellaneous

This paper addresses alcohol abuse in the public service with special reference to civil service and disciplinary law. First, alcohol addiction as a disease is examined in more detail and its official and physical consequences are then presented. The core of this work is formed by the possible breaches of duty relevant to the topic and their consequences under civil service law. Finally, the employer's duty of care is discussed and explained in relation to the special obligations of addicted civil servants. Due to the legal differences between civil servants and employees, this work deals exclusively with civil servants.

Alcoholism and drug addiction are often not thought to be in the center of our society. But it is precisely where we often do not even expect it that alcohol and drug abuse has become a problem. More and more people are incapacitated due to addiction, and so it is in the civil service.

The civil servant is often described as reliable, punctual and conscientious. He serves the state and acts on behalf of the state. But what happens when people who would not be expected to have these vices suddenly become conspicuous, not only in their private lives but also in their work?

Table of contents

1 Introduction

2 Alcoholism

3 Consequences of alcohol addiction
3.1 Physical effects
3.2 Effects of the service

4 Civil service consequences of alcoholism
4.1 Breach of duty by officials due to alcohol abuse (obligation to maintain health § 34 S. 1 BeamtstG)
4.2 Duty of the official to cooperate with therapeutic measures
4.3 Disciplinary consequences

5 Duty of care of the employer
5.1 Employer's obligation to intervene

6 Conclusion

Bibliography

1 Introduction

Alcoholism and drug addiction are often not suspected in the middle of our society. But precisely where we often do not expect it at all, alcohol and drug abuse has become a problem. More and more people are unable to serve due to addictions and so it is in the public service. The officer is often described as reliable, punctual and conscientious. It serves the state and acts on behalf of the state. But what happens if the people from whom one would not expect these vices suddenly become conspicuous not only privately, but also on business? Against this background, the present work deals with alcohol abuse in the public sector with a special focus on civil service and disciplinary law. First, alcohol addiction as a disease is examined in more detail and its official and physical consequences are then presented. The core of this work is formed by the possible breaches of duty relevant to the topic and their consequences under civil service law. Finally, the duty of care of the employer is discussed and presented with regard to the special duties of addicted officials. Due to the legal differences between civil servants and employees, this work deals exclusively with civil servants.

2 Alcoholism

The term alcoholism refers to "the consumption of alcohol that goes beyond the socially tolerated level that is harmless to the individual and/or society."¹ The term alcoholism can be traced back to the Swedish physician Magnus Huss in 1849. He investigated on the one hand the "acute alcoholism or poisoning" and on the other hand the "alcoholismus chronicus".² In the further course of history, huss' views were suppressed in 1878 by the Berlin prison doctor Abraham Baer. He described alcoholism as a manifestation of the sum of the consequential damages.³

However, this theory was replaced in 1951 by the American physiologist and researcher Elvin Morton Jellinek, which has endured to this day. Jellinek subsequently distinguished between five types of alcoholics.⁴

First of all, the alpha type should be mentioned, which is to be described as a so-called precursor to alcoholism. These are therefore so-called "problem or conflict drinkers" who can decide against alcohol consumption at any time and for whom no physical dependence has yet occurred. Roughly speaking, those affected are mentally dependent. Drinking alcohol makes them feel like they are relaxing or making their lives easier.

The beta type according to Jellinek describes the "occasional drinker", which also has no psychological or physical dependencies, but in which organic damage, such as cirrhosis of the liver, can result from regular alcohol consumption. This type is quite common in our society. Especially the glass of wine with food or on certain occasions and in company, including at work e.g.. for birthdays or service anniversaries, is not morally reprehensible in the Western world and is often part of it.

The gamma type, on the other hand, is already considered pathological according to Jellinek. Those affected are both physically and psychologically dependent and can no longer consciously control their alcohol consumption. A glass of wine will nevertheless become two or more. The craving for alcohol thus increases with increasing alcohol levels. Another characteristic of the gamma type is that after phases of increased alcohol consumption, an "abstinent period" can occur.⁵

Furthermore, the delta type is to be mentioned, which is also referred to as "mirror drinker". The term "mirror" is related to the "blood alcohol level", which must be maintained permanently in a delta type. If this is not the case, the person concerned suffers from certain withdrawal symptoms. In addition, there is an increased alcohol tolerance, which has developed over time. The alcoholic needs more and more alcohol to reach his alcohol level and to satisfy the mental and physical dependence. Drinking is therefore not mainly aimed at the desire for an alcohol intoxication, but rather to avoid withdrawal symptoms. In addition to physical damage, there are also personality changes and a reduction in mental and physical performance.⁶ Medical treatment is indispensable. The way out of alcohol addiction can no longer be made from this point on without help from outside.

The last type of alcohol according to Jellinek is the epsilon type, also called "quarterly drunken". Characteristic of this is the seizure-like excessive drinking of alcohol after a previously long period of abstinence. Heavy alcohol consumption leads to a high, which can also lead to memory loss of memory sections.⁷

According to the International Statistical Classification of Diseases and Related Health Problems, alcohol addiction is now called "addiction syndrome." The diagnostic key for this is F10.2.

Compared to those who use alcohol only as a stimulant, those affected are therefore severely limited in their everyday lives. The terms alcohol abuse and alcohol dependence must be further differentiated. Alcohol dependence is always understood to be a pathological condition. In this case, alcohol consumption is indispensable for the person concerned, so he is either physically or mentally dependent. Alcohol abuse, on the other hand, means drinking alcohol to induce a high. Abuse also exists in particular if you drive under the influence of alcohol or commit other criminal offences.⁸

Alcohol abuse is therefore always associated with consequential damage, both psychologically, socially and physically.⁹

3 Consequences of alcohol addiction

The consequential damage resulting from alcohol addiction is presented in the following chapter. A distinction is made between the physical and the official effects.

3.1 Physical effects

Almost 1.3 million Germans suffer from alcohol dependence.¹⁰ The alcohol-related mortality rate is 74,000, according to the German Central Office for Addiction Issues.¹¹ According to Duden, alcohol is initially the name for an organic compound in the form of a flammable, disinfecting liquid, which is the main component of spirits, beer or wine.¹² and serves as a stimulant. In this form, the alcohol is already absorbed by drinking through the oral mucosa before the majority of the alcohol is absorbed in the stomach and small intestine.¹³ Depending on body weight, drinking speed, stomach contents and individual factors, it is determined how quickly the blood alcohol concentration (BAC) in the blood increases.¹⁴ After about 60 minutes, the blood alcohol concentration has reached its maximum and the alcohol is distributed throughout the body.¹⁵ Before the alcohol in the liver with about 0.1 per thousand per hour¹⁶ is broken down, it reaches the brain where it impairs perception, responsiveness and even visual performance.¹⁷ Depending on the blood alcohol level, there are different stages of work. From a BAC of 0.5 ‰, the mood is initially influenced. You become more uninhibited, self-confident and talkative. The visual performance is also slightly reduced.¹⁸ If the BAC is about 1‰, the ability to react and concentrate is already severely limited. There is disorientation and massive balance disorders. From this point on, you are already in an alcohol intoxication.¹⁹ If the BAC then rises to 2-3 ‰, it can also lead to vomiting and memory gaps, the so-called "film tear".²⁰ From a BAC of 3 ‰ one speaks of alcohol poisoning. Respiratory paralysis and loss of consciousness can occur, which can eventually be fatal.²¹ Usually, the body recovers after several hours from heavy alcohol consumption. The so-called "hangover" should be cured by a lot of sleep and sufficient hydration. However, not only short-term heavy alcohol consumption is fraught with physical risks, but mainly regular or chronic drinking leads to organic long-term damage, such as cirrhosis of the liver, increased risk of cancer and brain damage.²²

3.2 Effects of the service

Not only body, psyche and the social environment suffer from the addiction problem. The world of work is also highly affected by alcohol and drug abuse. Both employees and civil servants must be efficient, flexible and, in particular, healthy. High downtime rates and impairment of employee performance lead to less efficient operation. According to a study by the Federal Ministry of Health, 5% of administrative staff are alcoholic.²³ It should also be mentioned that another 10% of employees are at risk of alcohol.²⁴ But it's not just the poor current account that is a problem. Above all, the reputation of an authority could be massively damaged by employees with alcohol and drug problems.²⁵ The public administration bears responsibility, especially in the legal field. The administrative employee acts on behalf of the employer. If this happens under the influence of alcohol and if there is also damage due to incorrect legal information or a grossly incorrect processing of an application, the already rather unpopular authority could suffer damage to its image.²⁶ In addition, the working atmosphere is significantly impaired by an alcoholic employee within the authorities or departments. High absenteeism leads to work being left behind and shifting to colleagues in the department, which in turn leads to a reduction in performance of the entire department.²⁷

4 Civil service consequences of alcoholism

In order to examine the effects of alcohol addiction or abuse in more detail under aspects of civil service law, the following chapter first deals with the civil servants' duties with particular regard to the duty of civil servants to maintain health and cooperate with therapy measures and possible disciplinary consequences.

4.1 Breach of duty by officials due to alcohol abuse (obligation to maintain health § 34 S. 1 BeamtstG)

According to Art. 33 sec. 4 GG (Grundgesetz), the civil servant in the public service is in a service and loyalty relationship with his respective employer. According to § 2 Beamtenstatusgesetz (BeamtstG), the employer is always a legal entity under public law who has the right to employ civil servants. The rights and obligations of civil servants are laid down in the respective state civil service laws. Civil servants of the State of North Rhine-Westphalia are subject to the obligations under §§33-42 BeamtstG. A first important duty is the full personal commitment in the profession acc. § 34 sentence 1 BeamtstG, § 61 I 1 BBG. This is not only the obligation to be present, but also the obligation to make full use of the workforce. Furthermore, § 34 BeamtstG includes the obligation to maintain health. The official is therefore required to avoid everything that can reduce the workforce. This includes, among other things, excessive alcohol consumption. Furthermore, in the presence of alcoholism, the official must do everything possible to restore health.²⁸ According to §62 LBG, the official must therefore be examined if alcoholism is suspected. A violation of this health maintenance obligation only exists if the alcohol abuse has a direct effect on the service.²⁹ This is the case if, for example, you appear drunk on the service or stay away from the service as a result of alcohol consumption.³⁰

Another relevant civil servant duty is the general duty of conduct of good conduct acc. § 34 sentence 3 BeamtstG. This includes, among other things, off-duty conduct. The official must behave responsibly in public and, in particular, must not violate applicable law. Within the company, there is a duty to work together in a trusting way and to be loyal to the superior.³¹ In summary, it can be said that the official should behave as the general public expects. An administrative official drinking and mobbing in public casts a bad light on the authority and the state in general. A civil servant also represents the state outside his service and must behave accordingly with dignity. A violation of the general duty of conduct of conduct constitutes acc. § 47 I sentence 1 constitutes a service offence and is punishable by disciplinary law.

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¹ Graw, J. (2010). Genetik . P. 699

² Huss, M. (1852) Chronische alkoholskrankheit oder Alcoholismus chronicus. C.E. Fritze, (Hrsg.), Stockholm und Leipzig.

³ cf. Baer, A. (1878). Der Alcoholismus, seine Verbreitung: und seine Wirkung auf den individuellen und socialen Organismus sowie die Mittel, ihn zu bekämpfen. P. 1, Vorrede.

⁴ cf. Honsa, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst. P. 252-255.

⁵ cf. Formen der Alkoholsucht. (2015) URL: http://www.blaues-kreuz.de/eichstaett/plaintext/sucht/sucht/formen.html

⁶ Ibid.

⁷ cf. 5 Trinkertypen. URL: http://www.suchtkrankenhilfe-schwaigern.de/info/alkohol/5trinkertypen/

⁸ cf. . Abgrenzung von Alkoholmissbrauch und Abhängigkeit von Alkohol. URL: http://www.neurologen-und-psychiater-im-netz.org/kinder-jugend-psychiatrie/erkrankungen/alkoholmissbrauch-abhaengigkeit/abgrenzung-missbrauch-und-abhaengigkeit/

⁹ cf. Alkoholmissbrauch und – abhängigkeit. URL: http://kreuzbund-bielefeld.de/alkoholmissbrauch-und-abhaengigkeit.html

¹⁰ cf. Aktuelle Zahlen zum Alkoholkonsum in Deutschland. (2013) URL: http://www.kenn-dein-limit.info/news/artikel/aktuelle-zahlen-zum-alkoholkonsum-in-deutschland.html

¹¹ cf. Deutsche Hauptstelle für Suchtfragen e.V. (2013) URL: http://www.dhs.de/datenfakten/alkohol.html

¹² cf. Krumpholz, A. (2004). Arbeits- und disziplinarrechtliche Folgen von Alkoholmissbrauch .

¹³ cf. Feuerlein, W. (2008). Alkoholismus: Warnsignale, Vorbeugung, Therapie. P. 20

¹⁴ cf. Addiction Switzerland (2011). Alkohol im Körper – Wirkung und Abbau . P. 2

¹⁵ Ibid.

¹⁶ cf. alcohol. http://www.novafeel.de/ernaehrung/alkohol.htm URL

¹⁷ cf. Sucht Schweiz (2011). Alkohol im Körper – Wirkung und Abbau . P. 5

¹⁸ Ibid.

¹⁹ Ibid.

²⁰ Ibid.

²¹ Ibid.

²² cf. Sucht Schweiz (2011). Alkohol im Körper – Wirkung und Abbau . P. 7

²³ cf. Honsa, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst . P. 42

²⁴ cf. Honsa, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst . P. 42

²⁵ cf. Honsa, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst . P. 44

²⁶ Ibid.

²⁷ cf. Krumpholz, A. (2004). Arbeits- und disziplinarrechtliche Folgen von Alkoholmissbrauch .

²⁸ cf. Honsa, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst. P. 88.

²⁹ cf. Honas, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst. P.89

³⁰ Ibid.

³¹ cf. Honas, H. (2006). Alkohol- und Drogenmissbrauch im öffentlichen Dienst. P.90

• College: University of Applied Sciences for Public Administration of North Rhine-Westphalia; Duisburg
• Grade: 1,3
• Author: Jara Kurabtseva (Author)
• Publication Year: 2015
• Pages: 16
• Catalog Number: V1182160
• ISBN (PDF): 9783346593634
• Language: English
• Tags: alcohol, public, sector