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>And because there's no coal, it is considered development mining or construction. So sampling the air for toxic dust is not required, even though it is the most dangerous dust. Former MSHA officials told us some inspectors did it, but most did not.

Hopefully the lawsuits cost them. However the folks that make these decisions never see the consequences; they've taken their bonuses and gone by now. Furthermore the mine doesn't pay for medicare. We all do.

It's worse than that. There might not be a company left when these guys start needing health care in a big way. (Or the mine's environmental impact is starting to be felt, or whatever)

That's normal: a mine can be structured as a dividend paying company (with one big asset) that gradually becomes less and less valuable until it's worthless at the end. If the company goes bankrupt at that point, no big deal, it's already paid what it was meant to pay for its investors. And yes, management.

Exactly. Worst case they can file for bankruptcy and blame evil environmentalists.

I can't think of a better system.

So a lawsuit becomes simply an expected cost of doing business, like how some software companies treat data leaks.

Apply this through the OSHA lense, and voila.