BUC-EE’S, LTD.'S POST ACCIDENT/INJURY DRUG
AND ALCOHOL TESTING POLICY

I. POST ACCIDENT/INJURY TESTING
Any employee involved in an on-the-job accident or injury may be asked to submit to a drug and/or alcohol test as a condition of continued employment with Buc-ee's, Ltd. ("Buc-ee's"). “Any employee involved in an on-the-job accident or injury” includes not only the employee who was injured, but also any employee who potentially contributed to any accident or injury in any way.

Testing will not begin until thirty (30) days after the implementation of this policy is announced and copies of the policy have been made available to employees. Buc-ee’s will pay for the cost of the testing, including a confirmation of any positive test result by gas chromatography. All positive tests will be confirmed in this manner.

Employees will be considered to be engaged at work for the time spent in taking any tests, and will be compensated for such time at regular rates.

All test results will be kept confidential. Upon request, any employee testing positive will receive a written result of the test within five (5) working days of the request, so long as the request is made within six (6) months of the test. Upon written request made within 72 hours of being notified about the positive test, an employee will have a reasonable opportunity in a confidential setting to explain the reason for the positive test to a Buc-ee’s manager or supervisor. Such opportunity will be granted within 72 hours of the request or prior to any adverse employment action.

II. CONSEQUENCES OF FAILURE OR REFUSAL
If an employee violates the explicitly stated prohibitions, or has a positive, confirmed drug test, the employee may be dismissed immediately.

If an employee is tested for drugs or alcohol outside of the employment context, and the results indicate a violation of this policy, the employee may be subject to appropriate disciplinary action, up to, and possibly including, discharge from employment. In such a case, the employee will be given an opportunity to explain the circumstances prior to any final employment action becoming effective.

Employees and applicants who refuse to take a drug/alcohol test requested under this policy are subject to immediate discharge.

Texas Employees: Employees in the State of Texas should be aware that Texas law provides that refusal to take a lawfully requested drug/alcohol test, or testing positive on such test, constitutes “misconduct” within the meaning of the state employment compensation laws, and will, in most cases, disqualify an individual from receipt of unemployment compensation.

III. WHO WILL CONDUCT THE DRUG TESTS?
Buc-ee’s will retain the services of a licensed independent medical laboratory certified by the state’s department of human health and services or other appropriate state authority to conduct any and all tests pursuant to this policy. For reliability purposes, the laboratory will follow collection and testing standards acceptable in the State of Texas and according to any and all federal guidelines applicable to private employers.

Buc-ee’s employees agree that they will submit to said drug tests, and that such tests may include the medical testing of the employee’s hair, blood, breath, or urine (whichever is recommended by the local laboratory so as to comply with local and state law). Testing will be conducted on the sample provided by the employee to the testing laboratory under procedures established by the laboratory to ensure maximum privacy of the employee consistent with protection against tampering/alteration of the test results. Where required by State law, a qualified Medical Review Officer (“MRO”) will review the test results.

IV. PRESCRIBED MEDICATION
Buc-ee’s employees who are required to take prescribed medication that could cause any degree of impairment are required under this policy to notify their employer or supervisor as soon as such medication is prescribed. Buc-ee’s will assess the work of the employee, and the individual effects on the employee, in making a decision whether the employee should be placed on medical leave during the time when this prescription is required.

V. SUBSTANCES COVERED BY DRUG/ALCOHOL TESTING
“Prohibited Substances” include: illegal drugs, alcohol or prescription drugs not taken in the accordance with a prescription given to the employees. Employees and applicants will be tested for their use of alcohol (ethyl alcohol) and for their use of commonly-abused controlled substances, which (at the present time) include, but are not limited to: Amphetamines, Barbiturates, Benzodiazepines, Opiates, Cannabinoids, Cocaine, Methadone, Methaqualone, Phencyclidine (PCP), Propoxyphene, and chemical derivatives of these substances. Common street or brand names of these substances include: Speed/Uppers; Downers; Tranquilizers, such as Valium; Sleeping Pills; Pain Killers, such as Demoral; Morphine; Heroine; Marijuana/Grass; Angel Dust; Quaaludes; Coke; and Opium.

Because the listing of all possible drugs would be quite lengthy, and changes from time to time, at the time of the test, interested employees should request a listing of all substances to be tested from the testing laboratory.

VI. NOTICE OF POLICY CHANGES
Buc-ee’s reserves the right to modify, alter, or amend this policy after notice is given to all employees. Employees are encouraged to periodically review the policy changes issued so they can be aware of any changes or alterations to this policy.

VII. POLICY DOES NOT CHANGE “AT WILL” STATUS
Nothing in this post-accident/injury drug and alcohol testing policy is intended to alter in any way the “at-will” employment relationship of any employee, or intended to create any contract of employment between Buc-ee’s and any employee.