This sounds too risk-averse, and I worry that it scares people off taking Vitamin D at all; yet a low level would be good for most people.
I live in a northern latitude, and Vitamin D deficiency is widespread. What should the public health system recommend? It seems there are two choices:
(a) Regularly test the Vitamin D levels of the entire population, and recommend zero Vitamin D supplements for any individual who has not been tested recently.
(b) Find an average "safe" level that will help most and cause damage in very few.
From a perspective of an individual physician I would see how you might want to cover your risk and go for (a), but thinking about it as a whole population, I would think (b) is the best.