A. The privilege prescribed in this article does not apply to:

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1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a health or safety law.

2. Information obtained by observation, sampling or monitoring by a regulatory agency.

3. Information obtained from a source not involved in the preparation of the health or safety audit report.

B. This section does not limit the right of an organization to agree to conduct and disclose an audit report.