Surely the fact that the foundation part of OpenAI has at least some power should make them able to feel that the firm is supposed to at least care.

I like to think that, because OpenAI have pledged to ensure that AI benefits all of humanity, and has also aligned with the US DoD, which is obviously killing at least some people, who thus will not benefit, is effectively asserting that all people who are not US persons are not part of humanity and I think this is what they actually believe (and I think this latent belief together with their tendency towards EA/the corporate version of LessWrong will mean that they'll try to murder us EU AI researchers once we start making breakthroughs-- it's simply an unavoidable consequence of the ideology-- to them we're simply Werner Heisenberg, and their writings and fiction and their view of the stakes make that clear), but even if this harsh assessment were accepted they would still be able to expect the board to care about safety.