I fully agree with you, but would go one step further: I think it's clear that we need to pierce the corporate veil and ascribe responsibility to _people_, not just "OpenAI the entity", full stop.
Executives should fear being perp-walked and thrown in jail for the actions of irresponsible "tests" of their models in the real world, as they're ultimately accountable.
Sure, there's a lot of nuance to work out, but I think we could likely even _start_ there today even with existing laws and pretty quickly "align" on more intricate legal frameworks to handle true accidents, distribution of responsibility, etc.